The complaint shall include as defendants to the action (a) all persons known to the plaintiff owning or claiming an interest under such public improvement assessment, bond or certificate of sale; (b) the payee, as shown by the bond representing the assessment, if any; (c) the owner of the special assessment or certificate of sale, if any, and any person claiming an interest therein, as shown by the records of the treasurer, street superintendent or other public official who is the custodian of the funds to be collected thereon or who issued such certificate of sale, and (d) such treasurer, street superintendent or other public official. If any person owning or claiming an interest under such assessment, bond or certificate of sale is known to be dead, the heirs and devisees of such person may be sued as: "the heirs and devisees of" said person, naming him, or if such person is believed to be dead and such belief is alleged in the complaint on information and belief then the heirs and devisees of such person may also be sued as "the heirs and devisees" of said person, naming him, provided that such person is also named as a defendant.
§ 801.3.Defendants to Action
Title 10. Actions In Particular Cases · Chapter 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments · Last amended 1951 · Last verified July 28, 2026
In one sentenceSection 801.3 requires the complaint to name as defendants everyone known to claim an interest under the assessment, bond, or certificate of sale, the bond's payee, the assessment or certificate's owner, and the custodian public official, with provisions for suing the heirs and devisees of a deceased claimant.
Full Text of § 801.3
Plain-English Summary
This section maps out exactly who has to be brought into the case. The complaint must name every person known to the plaintiff who owns or claims an interest under the assessment, bond, or certificate of sale, along with the bond's payee if the bond identifies one.
It also has to name the current owner of the assessment or certificate of sale and anyone claiming an interest in it, as shown in the records kept by the treasurer, street superintendent, or other official who holds the relevant funds or issued the certificate — plus that official personally. If a claimant is known to be dead, the complaint can sue “the heirs and devisees of” that person by name; if the plaintiff only believes, on information and belief, that the person may be dead, the complaint can name both the person and, in the alternative, that person's heirs and devisees.
Frequently Asked Questions
Who must be named as a defendant under § 801.3?
All persons known to the plaintiff who own or claim an interest under the assessment, bond, or certificate of sale; the bond's payee, if any; the owner of the assessment or certificate; anyone else claiming an interest as shown by the custodian official's records; and that public official.
What if a person with a known interest has died?
The complaint may name that person's heirs and devisees, or, if the plaintiff only believes on information and belief that the person is dead, name both the person and, in the alternative, the heirs and devisees.
Amendment History
Amended by Stats. 1951, Ch. 521.
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: defendants assessment lien action californiaheirs and devisees defendant california