A petition under this article shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the motion is based. The petition and affidavit shall be in substantially the form prescribed by the Judicial Council.
§ 765.020.Requirements of Petition
Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 6. Liens and Encumbrances · Enacted 1998 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 765.020 requires a petition under this article to state the grounds for relief, be supported by an affidavit from the petitioner or the petitioner's attorney setting out the facts, and substantially follow the form prescribed by the Judicial Council.
Full Text of § 765.020
Plain-English Summary
This section sets the paperwork requirements for the petition described in § 765.010(c). It has to state the grounds on which relief is sought and come with an affidavit — from the petitioner or the petitioner's attorney — laying out a concise statement of the supporting facts.
The form itself isn't left to the drafter's discretion. The petition and affidavit have to substantially follow the form the Judicial Council prescribes, which keeps these petitions consistent across courts and makes them easier for courts to process quickly given the short timeline § 765.010(c) sets for the hearing.
Frequently Asked Questions
What must a petition to strike a harassing lien contain?
The grounds for relief, supported by an affidavit from the petitioner or the petitioner's attorney with a concise statement of the facts.
Is there a required form for this petition?
Yes. Section 765.020 requires the petition and affidavit to be in substantially the form prescribed by the Judicial Council.
Amendment History
Added by Stats. 1998, Ch. 779, Sec. 2. Effective January 1, 1999.
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: petition to strike fraudulent lien california form