Evidentiary Hearing Required Before Entering Default Judgment In Quiet Title Action.

CCP §764.010 provides that in actions to quiet title, the court 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.  The appellate court found this obligated the trial court to hold an evidentiary hearing in open court and “hearing the defendant’s evidence.”  The dissent states a defendant should not be permitted to participate in the hearing.  Harbour Vista LLC v. HSBC Mortgage Services Inc.  (Cal. App. Fourth Dist., Div. 3;  December 19, 2011) 201 Cal.App.4th 1496.