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§ 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

In one sentenceSection 855 lets the coowner who served notice under § 853 file a verified petition in superior court describing the mine or mining claim if the delinquent coowner still hasn't contributed a proportionate share of taxes within ninety days after service.

Full Text of § 855

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If before the expiration of 90 days from the service the delinquent fails or refuses to contribute his proportionate share of the taxes, the coowner contributing such share may file in the superior court of the county in which the mine or mining claim is situated a verified petition setting forth the facts and particularly describing the mine or mining claim.

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?

No. It only starts the court process; a hearing under § 857 and a judgment under § 858 must follow.

Amendment History

Renumbered from Ca. Civ. Proc. Code §852 by Stats 2016 ch 86 (SB 1171),s 34, eff. 1/1/2017.

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 delinquent coowner mine californiaverified petition mining claim taxes