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§ 762.040.Joinder of Additional Parties; Requiring Plaintiff to Obtain Title Report

Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 3. Defendants · Enacted 1980 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 762.040 lets the court order joinder of additional necessary or proper parties on its own motion, and requires it to do so on any party's motion, and gives the court the same authority to require the plaintiff to obtain and make available a title report.

Full Text of § 762.040

Text sizeJump to: (a) (b)

The court upon its own motion may, and upon motion of any party shall, make such orders as appear appropriate:
(a) For joinder of such additional parties as are necessary or proper.
(b) Requiring the plaintiff to procure a title report and designate a place where it shall be kept for inspection, use, and copying by the parties.

Plain-English Summary

Quiet title actions can grow as they proceed — an heir turns up, an old lien surfaces, a claimant nobody flagged in the complaint appears. This section gives the court a standing power to keep the party list current: it may act on its own motion, and must act if any party asks, to join whatever additional parties are necessary or proper to the action.

The same section lets the court require the plaintiff to obtain a title report and designate a place where the parties can inspect, use, and copy it. A title report is often the practical tool that surfaces exactly which parties belong in the case, so this joinder power and the title-report power work together.

Frequently Asked Questions

Can new defendants be added to a quiet title action after it's filed?

Yes. Section 762.040(a) lets the court order joinder of additional necessary or proper parties on its own motion, and requires it to do so if any party asks.

Can the court require a title report in a quiet title case?

Yes. Section 762.040(b) lets the court require the plaintiff to procure a title report and make it available for the parties to inspect, use, and copy.

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: title report quiet title californiajoining additional parties quiet title action