2009 California Code of Civil Procedure - Section 801.1-801.15 :: Chapter 4.6. Actions Concerning Real Property Titles Affected By Public Improvement Assessments

801.1.  An action may be brought to determine adverse interests in,
liens or clouds upon title to real property arising out of any public
improvement assessment or any bond issued to represent such
assessment where the lien of such assessment or bond is presumed to
have been extinguished under the provisions of Section 2911 of the
Civil Code, or to determine adverse interests in, liens or clouds
upon title to real property by reason of any certificate issued on
sale made to satisfy any public improvement assessment or bond where
such sale was made more than four years prior to the commencement of
the action and no deed pursuant thereto has been issued prior to the
commencement of the action or prior to January 1, 1951, whichever is
the later.

801.2.  The action may be brought as a separate action or joined as
a cause with other causes of action to determine adverse claims to
and clouds upon title to real property, but the complaint shall aver
the pertinent matters stated in the preceding section and shall be
verified.

801.3.  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.

801.4.  The complaint shall also include, as defendants, unknown
persons owning or claiming an interest in such bond, special
assessment or certificate of sale and they may be described in the
complaint as: "Also the owner or any person claiming an interest
(here describe the bond, special assessment or certificate of sale as
it is described in the office in which it was issued)."

801.5.  Within ten days after the filing of the complaint, plaintiff
shall file or cause to be filed in the office of the recorder of the
county where the property is situated, a notice of the pendency of
the action, containing the title and object of the action and a
description of the property in that county affected thereby. From the
time of filing such notice of record only, shall all persons have
constructive notice thereof.

801.6.  Within three years after the filing of the complaint, a
summons shall be issued which shall contain the matters required by
Section 412.20, designating the defendants as in the complaint, and
in addition, a description of the property and a statement of the
object of the action.

801.7.  Within thirty days after the issuance of the summons, the
plaintiff shall post, or cause to be posted, a copy thereof in a
conspicuous place on the property.

801.8.  All known defendants shall be served in the manner provided
by law for the service of a summons in a civil action. All unknown
defendants shall be served by publication as provided in Section 750.

801.9.  In addition to the matters required to be set forth in the
affidavit by the plaintiff for publication of summons, it shall
appear by the affidavit that the plaintiff used reasonable diligence
to ascertain the identity and residence of the unknown defendants and
of any persons sued as heirs and devisees.

801.10.  All unknown defendants, including the heirs and devisees
designated in the complaint, shall have the same rights as are
provided by law for other defendants upon whom summons is served, and
the action shall proceed against them in the same manner. Regardless
of any legal disability, any unknown defendant, including any heir
or devisee designated in the complaint, who has been served, and
anyone claiming under him, shall be concluded by a judgment in the
action as if the action were brought against and personal service
made upon that person by his or her name.

801.11.  On the trial of the action, the court shall determine the
rights of all the parties thereto and shall require proof of the
facts alleged. Any certificate issued on sale made to satisfy any
public improvement assessment or any bond issued to represent such
assessment shall be presumed to have been paid and redeemed where no
deed pursuant thereto has been issued and such sale was made more
than four years prior to the commencement of the action.
   The presumption herein mentioned shall become and be conclusive if
no deed pursuant to such sale is issued within four years after the
date of sale or prior to January 1, 1953, whichever is the later; and
no public official shall thereafter execute or issue any deed
pursuant to such sale.

801.12.  If the court determines that none of the defendants have
any right, title, interest, lien or estate in the property, it shall
render its final decree quieting the plaintiff's title. If the court
determines that any of the defendants have any right, title,
interest, lien or estate in the property, it shall render its decree
establishing these rights and may order the sale of the property or
partition thereof. The decree shall direct the public officer having
the record of the assessment, bond or certificate of sale to cancel
the record thereof.

801.13.  If the court orders a sale of the property or a partition
thereof, the same shall be made in accordance with the provisions of
Title 10.5 (commencing with Section 872.010) of Part 2, except that
proceeds of sale belonging to unknown defendants or defendants whose
identities or whereabouts are unascertained shall be paid to the
public officer who is the custodian of the funds collected on such
public improvement assessments, bonds or certificates of sale, to be
held by him as in like instances of collection.

801.14.  The decree, after it has become final, is conclusive
against all persons named in the complaint who have been served and
all unknown persons and the heirs and devisees of deceased persons
designated in the complaint and served as hereinbefore provided.

801.15.  After the judgment has become final, a certified copy
thereof shall be delivered to the public officer having the record of
the assessment, bond or certificate of sale in his office and he
shall thereupon mark the record of the assessment, bond or
certificate of sale as follows: "Canceled by judgment of court,
superior court case number (here give number)."