If the affidavit provided for in Section 751.09 discloses the name of any person claiming an interest in the property or a lien thereon adverse to the plaintiff, that fact and the name and address, if given, of the person shall be stated in a memorandum to be appended to the summons in substance as follows:

“The following persons are said to claim an interest in, or lien upon, said property adverse to plaintiff,” (giving their names and addresses as above provided).

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Terms Used In California Code of Civil Procedure 751.07

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.

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