2020 California Code
Code of Civil Procedure - CCP
PART 2 - OF CIVIL ACTIONS
TITLE 10 - ACTIONS IN PARTICULAR CASES
CHAPTER 4 - Quiet Title
ARTICLE 6 - Liens and Encumbrances
Section 765.010.
(a) For purposes of this section:
(1) “Harass” means engage in knowing and willful conduct that serves no legitimate purpose.
(2) “Entity” includes both governmental and private entities.
(b) A person shall not file or record, or direct another to file or record, a lawsuit, lien, or other encumbrance, including a notice of lis pendens, against another person or entity knowing it is false, with the intent to harass the person or entity or to influence or hinder the person in discharging his or her official duties if the person is a public officer or employee.
(c) (1) A person or entity whose property is subject to a lien or encumbrance in violation of this section may petition the superior court of the county in which the person or entity resides or in which the property is located for an order, which may be granted ex parte, directing the lien or other encumbrance claimant to appear at a hearing before the court and show cause why the lien or other encumbrance should not be stricken and other relief provided by this article should not be granted.
(2) The court shall schedule the hearing no earlier than 14 days after the date of the order. The scheduled date of the hearing shall allow adequate time for notice of the hearing.
(Repealed and added by Stats. 2015, Ch. 208, Sec. 2. (AB 1267) Effective January 1, 2016.)
