RulesofCivilProcedure.com Civil Procedure · Every State

§ 770.070.Decree; Appeal

Title 10. Actions In Particular Cases · Chapter 4.5. Special Actions and Proceedings to Clear Title · Article 1. Identity of Person in Chain of Title · Enacted 1980 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 770.070 requires the court to hear the proofs offered at the hearing and enter a decree determining the identity of the persons named in the petition, and allows any aggrieved party to appeal that decree.

Full Text of § 770.070

Text sizeJump to: (a) (b)

(a) At the time fixed for the hearing or such time thereafter as may be fixed by the court, the court shall hear the proofs offered by the petitioner and by any persons answering the petition, and shall make and enter a decree determining the identity of the person or persons set out in the petition in accordance with the proofs.
(b) An appeal may be taken by any party aggrieved.
End

Plain-English Summary

At the hearing — or at whatever later time the court sets — the court weighs the proof the petitioner and any answering parties present. If the proof supports it, the court enters a decree fixing the identity of the persons the petition named.

That decree isn't the last word automatically. Section 770.070(b) preserves the ordinary right of appeal for any party aggrieved by the outcome, the same as in other civil proceedings.

Frequently Asked Questions

What does the court decide at the hearing?

Whether the proof supports finding that the persons named in the petition share the same identity, resulting in a decree determining that identity.

Can a decree under this section be appealed?

Yes. Section 770.070(b) allows any party aggrieved by the decree to take an appeal.

Amendment History

Added by Stats. 1980, Ch. 44, Sec. 16.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: decree identity of title californiaappeal identity proceeding california