The action shall be commenced by the filing of a verified complaint. The party commencing the action shall be named as plaintiff, and the defendants shall be described as “all persons claiming any interest in, or lien upon, the real property herein described, or any part thereof.” The complaint shall contain a statement of the facts enumerated in Section 751.02, a particular description of the real property, and a specification of the estate, title, or interest of the plaintiff in the property.

(Added by Stats. 1953, Ch. 52.)

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Terms Used In California Code of Civil Procedure 751.04

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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