In Quiet Title Default Prove-Ups, Another Appellate Court Agrees Evidentiary Hearing Required.

I previously reported on the split decision of Harbour Vista, LLC v. HSBC Mortgage Services, Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Code of Civil Procedure section 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 Harbour Vista appellate panel held this statute obligated the trial court to hold an evidentiary hearing in open court and “hear the defendant’s evidence.”  The dissent stated a defendant should not be permitted to participate in the hearing.  Another case agrees with Harbour Vista’s majority analysis.  Nickell v. Matlock  (Cal. App. Second Dist., Div. 1; June 4, 2012) (Case No. B230321) 206 Cal.App.4th 934, [142 Cal.Rptr.3d 362].