Judge: Jill Feeney, Case: 23STCV05763, Date: 2024-01-10 Tentative Ruling

Case Number: 23STCV05763    Hearing Date: January 10, 2024    Dept: 78

The Code of Civil Procedure section 764.010 states that courts “shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence as may be offered respecting the claims of any of the defendants. . .” After a default, a plaintiff is not “automatically entitled to judgment in its favor but must prove its case against the defaulting defendant in an evidentiary hearing with live witnesses and any other admissible evidence.” (Paterra v. Hansen (2021) 64 Cal. App. 5th 507, 533,¿review den.,¿Sept. 1, 2021. (Paterra).) 

The Code of Civil Procedure section 585 subdivision (d) states that “the court in its discretion may permit the use of affidavits, in lieu of personally testimony . . . ” However, the statue regarding defaults in a quiet title action does not provide such discretion. “In quiet title actions, default proceedings must be conducted by means of evidentiary hearings.”¿ (Yeung v. Soos (2004) 119 Cal.App.4th 576, 581.)¿ Actions to remove clouds on title and declaratory relief causes of action also constitute means of altering title and are therefore subsumed within the statutory scheme of Code of Civil Procedure section 764.010.¿ (Code Civ. Proc., § 760.030, subd. (b); Yeung v. Soos, supra, 119 Cal.App.4th 580, fn. 2.)¿ Accordingly, an evidentiary hearing is required before rendering judgment. (Paterra, supra, 64 Cal.App.5th at 533.)

The Court will conduct the required hearing on 1/10/24 or if Plaintiff is not prepared for an evidentiary hearing, the Court will continue the matter to allow Plaintiff time to prepare.