§ 761.040.Cross-Complaint

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 761.040 lets a defendant in a quiet title action seek affirmative relief by cross-complaint, and requires the cross-complaint to state the date and reasons if the defendant seeks a title determination as of a date different from the one specified in the plaintiff's complaint.

Full Text of § 761.040

Text sizeJump to: (a) (b)

(a) The defendant may by cross-complaint seek affirmative relief in the action.

(b) If the defendant seeks a determination of title as of a date other than the date specified in the complaint, the cross-complaint shall include the date and a statement of the reasons why a determination as of that date is sought.

Plain-English Summary

A defendant isn't limited to defense. Subdivision (a) lets a defendant file a cross-complaint seeking affirmative relief in the same action — for example, asking the court to quiet title in the defendant's own favor rather than the plaintiff's.

If the defendant wants the court to fix title as of a different date than the one the plaintiff specified under § 761.020(d), subdivision (b) requires the cross-complaint to say so and explain the reason, mirroring the same disclosure the complaint itself must make.

Frequently Asked Questions

Can a defendant in a quiet title action ask the court to rule in the defendant's favor?

Yes. Section 761.040(a) lets the defendant seek affirmative relief through a cross-complaint in the same action.

Does a cross-complaint have to use the same determination date as the plaintiff's complaint?

Not necessarily, but if the defendant wants a different date, the cross-complaint must state that date and the reasons for seeking it.

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 cross-complaint california