California Code of Civil Procedure

§ 751.05

CCP § 751.05Title 10 · Part 2 · Ch. 3.5

Statute text

Upon the filing of the complaint, a summons shall be issued under the seal of the court. The summons shall contain the name of the court and county in which the action is brought, and the name of the plaintiff and a particular description of the real property involved, and shall be directed to “all persons claiming any interest in, or lien upon, the real property herein described, or any part thereof,” as defendants, and shall be substantially in the following form: “IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY (OR CITY AND COUNTY) OF _______ __________________________, ⎫ Action No. _______ Plaintiff, ⎪ vs. ⎪ All Persons Claiming Any Interest in, or ⎬ Lien Upon, the Real Property Herein ⎪ Described or Any Part thereof, ⎪ Defendants. ⎭ The people of the State of California, to all persons claiming any interest in, or lien upon, the real property herein described, or any part thereof, defendants, greeting: You are hereby required to appear and answer the complaint of ____________, plaintiff, filed with the clerk of the above-entitled court and county, within three months after the first publication of this summons, and to set forth what interest or lien, if any, you have in or upon that certain real property or any part thereof, situated in the County (or City and County) of __________, State of California, particularly described as follows: (here insert description.) And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint, to wit: (here insert a statement of the relief so demanded.) Witness my hand and the seal of said court, this ________ day of __________, A.D. ________. (SEAL) ______________ _______________, Clerk.”

Legislative history

Added by Stats. 1953, Ch. 52.