(a) Upon the filing of the petition, the clerk shall set the petition for hearing by the court.
§ 770.060.Setting Petition For Hearing; Notice
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 770.060 requires the clerk to set the petition for hearing and the petitioner to post notice at the courthouse and on the property at least ten days beforehand, using a specific statutory notice form.
Full Text of § 770.060
(b) The petitioner shall give notice of the hearing by causing notices of the time and place of hearing to be posted at the courthouse of the county where the proceeding is pending and in a conspicuous place on the real property described in the petition, at least 10 days before the hearing.
(c) The special notice shall be substantially in the following form: (Title of court and cause) Notice is hereby given that ____ has filed a petition herein claiming to be the owner (or distributee) of the following described lands ____ (description) and praying that the identity of the following-named persons, in former conveyances (or judgments or decrees) to said lands or in decrees of distribution of said lands in probate be determined, to wit: ________ (names as J. Doe and John Doe); and that the time and place of hearing said petition has been set for ____ the ____ day of ____, 19__, at the hour of ____, __m. of said day at the courtroom of said court in the City of ____, County of ____, State of California. _____ Clerk
Plain-English Summary
Once the petition is filed, the clerk sets it for hearing — the case moves forward without a separate motion. The petitioner then has to make sure interested people can find out about it.
Notice goes up in two places at least ten days before the hearing: at the courthouse of the county where the proceeding is pending, and in a conspicuous place on the real property itself. Section 770.060(c) supplies wording the notice should substantially follow, describing the land, naming the persons whose identity is at issue, and stating the hearing's time and place.
Frequently Asked Questions
How is the petition set for hearing?
The clerk sets it for hearing once the petition is filed — no separate motion is required.
How is notice of the hearing given?
By posting notices at the courthouse of the county where the proceeding is pending and in a conspicuous place on the property, at least ten days before the hearing.
Does the notice have to follow a specific form?
Section 770.060(c) gives a form the notice should substantially follow, describing the property and the persons whose identity is being determined.
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: notice of hearing identity proceeding californiaposting notice chain of title california