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

Six months ago, the decision of Harbour Vista LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Civ.Proc. §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).