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§ 770.080.Effect of Decree On Becoming Final; Recording

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 770.080 makes a final decree prima facie evidence of the identity it determines, creating a presumption in the decree's favor, and requires recording a certified copy in every county where the property is located.

Full Text of § 770.080

Text sizeJump to: (a) (b)

(a) After the decree has become final it constitutes prima facie evidence of the matters thereby determined and it is presumed that the identity of the person or persons described in the decree is such as is stated in the decree.
(b) A certified copy of the decree shall be recorded in the office of the county recorder of every county in which any part of the property is situated.

Plain-English Summary

Once the decree becomes final, it does real work in the public record. It stands as prima facie evidence of whatever it determined, and the law presumes the identity described in the decree is accurate — shifting the practical burden to anyone who later wants to contest it.

To make that effect visible to anyone examining title, § 770.080(b) requires recording a certified copy of the decree in the county recorder's office of every county where any part of the property sits, closing the gap that § 770.020 was designed to address.

Frequently Asked Questions

What effect does a final decree have?

It becomes prima facie evidence of the identity determined, and the law presumes that identity is accurate as stated in the decree.

Does the decree need to be recorded?

Yes. A certified copy must be recorded in the office of the county recorder of every county where any part of the property is located.

Why does recording matter here?

It puts the resolved identity into the public record so future title examiners no longer see the name discrepancy as an unresolved gap in the chain of title.

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: recording identity decree californiaprima facie evidence chain of title california