What is the test for proving a plaintiff's title in a quiet title action?

California, United States of America


The following excerpt is from Smith v. Khun, C088763 (Cal. App. 2020):

" 'In a quiet title action the plaintiff must prove [her] title in order to recover.' " (Preciado v. Wilde (2006) 139 Cal.App.4th 321, 326.) Even in an evidentiary hearing after entry of default, a defendant is entitled to submit evidence disproving the plaintiff's claim to legal title. (Nickell v. Matlock, supra, 206 Cal.App.4th at p. 945.) " 'The court must decide whether the evidence is sufficient in any event, because it must render judgment "in accordance with the evidence. . . ." ' " (Ibid.)

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