The court upon its own motion may, and upon motion of any party shall, make such orders for appointment of guardians ad litem as appear necessary to protect the interest of any party.
§ 762.080.Appointment of Guardians Ad Litem
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 762.080 empowers the court to appoint guardians ad litem in a quiet title action on its own motion, and requires it to do so on any party's motion, whenever appointment appears necessary to protect a party's interest.
Full Text of § 762.080
Plain-English Summary
Quiet title actions often draw in parties who can't represent themselves — a minor named as an unknown successor, a person under a legal disability. This section gives the court authority to appoint a guardian ad litem to protect that person's interest in the litigation.
As with the joinder power in § 762.040, the court can act on its own initiative, and must act if any party requests it, whenever appointing a guardian ad litem appears necessary to protect a party's interest.
Frequently Asked Questions
What happens if a party to a quiet title action can't represent their own interests?
The court may, and on a party's motion must, appoint a guardian ad litem to protect that person's interest.
Does someone have to formally request a guardian ad litem?
Not necessarily. The court can make the appointment on its own motion, though it must do so if any party requests 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: guardian ad litem quiet title california