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§ 764.070.Judgment Not Binding Or Conclusive Upon State Or United States Unless Joined

Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 5. Judgment · Last amended 1986 · Last verified July 28, 2026

In one sentenceSection 764.070 excludes the state and the United States from being bound or conclusively affected by a quiet title judgment unless each was individually joined as a party, and, for the United States, unless federal law also authorizes the judgment to bind its interests.

Full Text of § 764.070

Text sizeJump to: (a) (b)

Notwithstanding any other provision of this chapter, the judgment in the action is not binding or conclusive on the following:
(a) The state, unless individually joined as a party to the action.
(b) The United States, unless the United States is individually joined as a party to the action and federal law authorizes judgment in the action to be binding or conclusive as to its interests.

Plain-English Summary

Sovereign parties get special protection from the general binding effect § 764.030 gives quiet title judgments. Regardless of anything else this chapter provides, a judgment doesn't bind or conclusively affect the state unless the state was individually joined as a party — the same principle § 762.090 anticipates by allowing that joinder.

The United States gets an even stronger protection. A quiet title judgment doesn't bind the United States unless it was individually joined as a party and federal law authorizes a judgment in the action to bind its interests. Joinder alone isn't enough for the federal government; the underlying federal law also has to permit it.

Frequently Asked Questions

Can a California quiet title judgment bind the State of California?

Only if the state was individually joined as a party to the action.

Can a quiet title judgment bind the United States the same way?

Not as easily. Section 764.070(b) requires both that the United States be individually joined as a party and that federal law authorize the judgment to bind its interests.

Amendment History

Amended by Stats. 1986, Ch. 271, Sec. 2.

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 against the state californiaquiet title against federal government california