Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the following conditions is satisfied:
§ 764.045.Claim In Property of Person Not Party to Action
Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 5. Judgment · Enacted 1984 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 764.045 protects a non-party's claim from being cut off by a quiet title judgment if the claim was recorded when the lis pendens (or, absent one, the judgment) was filed, or was known to the plaintiff or reasonably apparent from inspecting the property at that time, without impairing a bona fide purchaser's or encumbrancer's rights.
Full Text of § 764.045
(a) The claim was of record at the time the lis pendens was filed or, if none was filed, at the time the judgment was recorded.
(b) The claim was actually known to the plaintiff or would have been reasonably apparent from an inspection of the property at the time the lis pendens was filed or, if none was filed, at the time the judgment was entered. Nothing in this subdivision shall be construed to impair the rights of a bona fide purchaser or encumbrancer for value dealing with the plaintiff or the plaintiff's successors in interest.
Plain-English Summary
This section is the carve-out that § 764.030(b) refers to, and it protects the people the recording system is designed to protect. A judgment doesn't affect a non-party's claim to the property if that claim was of record when the lis pendens was filed or, if none was filed, when the judgment was recorded.
The same protection extends to a claim that wasn't recorded but was known to the plaintiff, or would have been reasonably apparent from inspecting the property, at that same point in time — the plaintiff can't benefit from a judgment against a claim the plaintiff knew about, or should have discovered by looking at the property, but chose not to name.
Subdivision (b) adds a counterweight: none of this is meant to impair the rights of someone who bought the property or took an encumbrance on it in good faith and for value, dealing with the plaintiff or the plaintiff's successors. The exception protects real, discoverable claims — it doesn't reopen title against a bona fide purchaser or lender who reasonably relied on the judgment.
Frequently Asked Questions
Can a quiet title judgment wipe out a claim that was on file when the case was pending?
No. Section 764.045(a) protects a claim that was of record when the lis pendens was filed or, if none was filed, when the judgment was recorded.
What if the claim wasn't recorded but the plaintiff knew about it?
Section 764.045(b) also protects a claim that was known to the plaintiff or reasonably apparent from inspecting the property at the relevant time.
Does this protection undercut a good-faith buyer who relied on the judgment?
No. Section 764.045(b) preserves the rights of a bona fide purchaser or encumbrancer for value dealing with the plaintiff or the plaintiff's successors in interest.
Amendment History
Added by Stats. 1984, Ch. 20, Sec. 3.
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 judgment exceptions californiarecorded claims survive quiet title judgment