§ 855.Filing Petition Upon Delinquent's Failure Or Refusal to Contribute
Title 10. Actions In Particular Cases · Chapter 8. Actions Against Coowners of Mines · Enacted 2016 · no amendments on record · Last verified July 28, 2026
Full Text of § 855
Plain-English Summary
This section is the escalation point. If 90 days pass after service of the § 853 notice and the delinquent coowner still hasn't paid a proportionate share of the taxes, the coowner who carried the burden can take the dispute to court.
The vehicle is a verified petition, filed in the superior court of the county where the mine or mining claim sits. The petition has to set out the facts supporting the claim and describe the mine or mining claim with particularity -- vague descriptions won't do, since the whole point of the later proceedings is to potentially transfer a specific ownership interest in a specific property.
Filing the petition doesn't decide anything by itself. Section 857 requires the clerk to set it for hearing and give notice, and § 858 is where the court weighs the evidence and can order judgment.
Frequently Asked Questions
How long must the paying coowner wait before filing a petition?
Ninety days from service of the § 853 notice.
Where is the petition filed?
In the superior court of the county where the mine or mining claim is situated; § 856 allows filing in either county if the property spans more than one.
What must the petition include?
A verified statement of the facts and a particular description of the mine or mining claim.
Does filing the petition immediately transfer ownership?
Amendment History
Renumbered from Ca. Civ. Proc. Code §852 by Stats 2016 ch 86 (SB 1171),s 34, eff. 1/1/2017.