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 761.030 requires a defendant's answer in a quiet title action to be verified and to state any claim the defendant has, any facts disputing the complaint's allegations, and any new defense, while denying the plaintiff costs if the defendant disclaims any claim or lets judgment be entered without filing an answer.
(a)The answer shall be verified and shall set forth:
(1)Any claim the defendant has.
(2)Any facts tending to controvert such material allegations of the complaint as the defendant does not wish to be taken as true.
(3)A statement of any new matter constituting a defense.
(b)If the defendant disclaims in the answer any claim, or suffers judgment to be taken without answer, the plaintiff shall not recover costs.
Plain-English Summary
An answer in a quiet title action carries the same verification requirement as the complaint. Under subdivision (a), it has to set out any claim the defendant has to the property, any facts the defendant wants to dispute rather than have taken as true, and any new matter that amounts to a defense.
Subdivision (b) shifts costs in the defendant's favor in two situations: where the defendant disclaims any claim to the property in the answer, or where the defendant lets judgment be entered without filing an answer at all. In either case, the plaintiff can't recover costs from that defendant. That doesn't mean the court skips proving the case — § 764.010 still requires the plaintiff to put on evidence of title even against a defendant who never answers, since true default judgments aren't allowed in this chapter.
Frequently Asked Questions
What must a defendant's answer in a quiet title action contain?
A verified statement of any claim the defendant has to the property, any facts the defendant disputes, and any new matter constituting a defense.
Can a defendant avoid paying the plaintiff's costs by disclaiming any interest in the property?
Yes. Section 761.030(b) bars the plaintiff from recovering costs against a defendant who disclaims any claim in the answer.
What happens if a defendant just doesn't answer the complaint at all?
The plaintiff still can't recover costs against that defendant, but the court still can't enter judgment without evidence of the plaintiff's title, since § 764.010 bars true default judgments in this chapter.
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
Also known as:quiet title answer requirements californiadisclaiming interest quiet title california