(a) In addition to the persons required to be named as defendants in the action, the plaintiff may name as defendants "all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff's title, or any cloud upon plaintiff's title thereto," naming them in that manner.
§ 762.060.Naming As Defendants All Persons Unknown Claiming Interest
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 762.060 lets a plaintiff name “all persons unknown” claiming an adverse interest in the property as additional defendants, while still requiring the plaintiff to separately name anyone with an adverse claim that is recorded, known to the plaintiff, or reasonably apparent from inspecting the property.
Full Text of § 762.060
(b) In an action under this section, the plaintiff shall name as defendants the persons having adverse claims that are of record or known to the plaintiff or reasonably apparent from an inspection of the property.
(c) If the plaintiff admits the validity of any adverse claim, the complaint shall so state.
Plain-English Summary
Even careful title research can't identify every possible claimant. This section lets the plaintiff sweep in claimants nobody has specifically identified by naming, as additional defendants, “all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff's title, or any cloud upon plaintiff's title thereto,” using that exact statutory phrase.
That catch-all doesn't excuse the plaintiff from doing the work of identifying claimants who can be identified. Subdivision (b) still requires naming, individually, anyone whose adverse claim is of record, known to the plaintiff, or reasonably apparent from inspecting the property. The unknown-persons mechanism fills the remaining gap; it isn't a substitute for naming claimants the plaintiff already knows about or should reasonably discover.
Subdivision (c) adds one more disclosure duty: if the plaintiff admits the validity of some adverse claim, the complaint has to say so.
Frequently Asked Questions
Can a quiet title complaint name defendants whose identities aren't known?
Yes. Section 762.060(a) lets the plaintiff name “all persons unknown” claiming an adverse interest in the property, using the statute's own naming formula.
Does naming unknown persons excuse identifying claimants the plaintiff does know about?
No. Section 762.060(b) still requires naming anyone whose adverse claim is recorded, known to the plaintiff, or reasonably apparent from inspecting the property.
What if the plaintiff agrees some adverse claim is valid?
Section 762.060(c) requires the complaint to state that admission.
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: all persons unknown quiet title californianaming unknown defendants quiet title