Can plaintiffs seek declaratory relief in a quiet title action?

California, United States of America


The following excerpt is from Bakhshoudeh v. Ghanizadeh, G038552 (Cal. App. 6/13/2008), G038552 (Cal. App. 2008):

We also reject defendant's contention plaintiffs could not seek declaratory relief in a quiet title action. "A statutory action to quiet title is not an exclusive remedy, but is cumulative to other remedies, such as partition actions, actions to remove a cloud on title, and declaratory relief actions. [Citation.] However, the trial court may require that the quiet title statutory provisions be utilized in these other actions in which quiet title to property is in issue." (Yeung v. Soos (2004) 119 Cal.App.4th 576, 580, fn. 2.) The only authority upon which defendant relies for her position, Code of Civil Procedure section 1060, authorizes declaratory relief in matters relating to the parties' rights to property. Nothing in the statute restricts its scope to personal property; indeed, the statute's express reference to controversies relating to "the location of the natural channel of a watercourse" clearly refers to real property interests.

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