§ 761.010.Commenced By Filing Complaint; Notice of Pendency of Action

Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 2. Commencement of Action · Enacted 1980 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 761.010 starts a quiet title action by the filing of a complaint, and requires the plaintiff to immediately record a notice of the action's pendency with the county recorder in every county where any of the real property described in the complaint is located.

Full Text of § 761.010

Text sizeJump to: (a) (b)

(a) An action under this chapter is commenced by filing a complaint with the court.

(b) Immediately upon commencement of the action, the plaintiff shall file a notice of the pendency of the action in the office of the county recorder of each county in which any real property described in the complaint is located.

Plain-English Summary

Subdivision (a) is simple: the action begins the moment the complaint is filed, the same way any civil action begins. Subdivision (b) adds a step that's distinctive to real property litigation and easy to overlook — the plaintiff must record a notice of the pendency of the action, commonly called a lis pendens, in the recorder's office of every county where any real property described in the complaint sits.

The word “immediately” carries weight. Recording the lis pendens right away puts the world on notice of the pending claim before anyone can buy the property or lend against it without knowing about the lawsuit. That timing connects directly to § 764.030 and § 764.045, which measure whether a later judgment binds a non-party by looking at what was of record when the lis pendens was filed.

Frequently Asked Questions

How does a California quiet title action begin?

By filing a verified complaint with the court, meeting the requirements of § 761.020.

Do I need to record a lis pendens in a quiet title action?

Yes. Section 761.010(b) requires the plaintiff to record a notice of pendency of the action immediately upon filing, in every county where the described real property is located.

Why does the timing of the lis pendens matter so much?

Because § 764.030 and § 764.045 use the date the lis pendens was recorded as the cutoff for deciding whether a later judgment binds people who weren't parties to the case.

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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