(a) The proceeding may be brought by a subsequent owner of the property by filing a petition with the court.
§ 770.040.Proceeding Brought By Filing Petition; Answer
Title 10. Actions In Particular Cases · Chapter 4.5. Special Actions and Proceedings to Clear Title · Article 1. Identity of Person in Chain of Title · Enacted 1980 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 770.040 lets a subsequent owner of the property start the identity proceeding by filing a petition, and allows any interested person to file an answer denying the petition's allegations before the hearing date.
Full Text of § 770.040
(b) At any time before the date fixed for the hearing of the petition, any person interested in the property may answer the petition and deny any of the matters contained therein.
Plain-English Summary
This proceeding begins with a petition, not a complaint — a difference in form that reflects its narrower purpose. Any subsequent owner, as § 770.010 defines that term, can file one to get the identity question resolved.
Anyone with an interest in the property gets a chance to weigh in before the matter is decided. Up until the date set for the hearing, an interested person may file an answer contesting any of the petition's factual claims, setting up the proof the court will weigh at the hearing described in § 770.070.
Frequently Asked Questions
Who can start this proceeding?
A subsequent owner of the property, as defined in § 770.010, by filing a petition with the court.
Can someone else dispute the petition?
Yes. Any person interested in the property may file an answer denying any of the petition's allegations any time before the date set for the hearing.
Is this started by complaint like an ordinary lawsuit?
No. Section 770.040 uses a petition rather than a complaint, consistent with the narrower, fact-finding nature of this proceeding.
Amendment History
Added by Stats. 1980, Ch. 44, Sec. 16.
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 identity of title california