(a) The superior court has jurisdiction of actions under this chapter.
§ 760.040.Superior Court Jurisdiction
Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 1. General Provisions · Enacted 1980 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 760.040 gives the superior court jurisdiction over quiet title actions, grants it complete jurisdiction over the parties and the property described in the complaint as though it had already taken possession and control of that property, and preserves the court's other equitable powers.
Full Text of § 760.040
(b) The court has complete jurisdiction over the parties to the action and the property described in the complaint and is deemed to have obtained possession and control of the property for the purposes of the action with complete jurisdiction to render the judgment provided for in this chapter.
(c) Nothing in this chapter limits any authority the court may have to grant such equitable relief as may be proper under the circumstances of the case.
Plain-English Summary
Subdivision (a) puts quiet title actions squarely in the superior court. Subdivision (b) then describes the reach of that jurisdiction in unusually forceful terms: the court has complete jurisdiction over both the parties and the property described in the complaint, and it's treated as having already obtained possession and control of that property for purposes of the action — enough jurisdiction to render the judgment this chapter contemplates.
Subdivision (c) is a reminder, not a limit. Nothing in Chapter 4 cuts back whatever other equitable authority the court already has to grant relief appropriate to the case. A quiet title judgment under § 764.010 doesn't have to be the only relief the court gives.
Frequently Asked Questions
Which California court hears quiet title actions?
The superior court. Section 760.040(a) gives it jurisdiction over actions brought under this chapter.
Does the court need to take physical possession of the property to have jurisdiction?
No. Section 760.040(b) deems the court to have obtained possession and control of the property described in the complaint for purposes of the action, without any separate act of taking possession.
Can the court grant other equitable relief in a quiet title case?
Yes. Section 760.040(c) preserves whatever other equitable authority the court has, beyond what this chapter specifically provides.
Amendment History
Added by Stats. 1980, Ch. 44, Sec. 15.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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