(a) The state may be joined as a party to an action under this chapter.
§ 762.090.Joinder of State
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 762.090 confirms that the State of California may be joined as a party defendant in a quiet title action, and states that this confirmation merely declares existing law rather than changing it.
Full Text of § 762.090
(b) This section does not constitute a change in, but is declaratory of, existing law.
Plain-English Summary
The state itself can hold adverse claims to real property — through tax liens, escheat, or land grants, among other things. This section confirms that the state may be joined as a defendant in a quiet title action like any other claimant.
Subdivision (b) is a legislative note rather than a substantive rule: it says this section doesn't change existing law, only restates it. Joining the state here is different from binding the state — § 764.070 makes clear that a quiet title judgment isn't binding on the state unless the state was individually joined as a party.
Frequently Asked Questions
Can the State of California be sued in a quiet title action?
Yes. Section 762.090(a) allows the state to be joined as a party to a quiet title action.
Does joining the state as a defendant guarantee the judgment binds the state?
Not automatically for every purpose — § 764.070 requires the state to be individually joined before a quiet title judgment can bind 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: suing the state of california quiet title action