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Cal. Civil Code § 3412 (2026)

✓ current as of May 2026
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A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled.

Notes of Decisions
Cited in 96 cases (44 in the last 5 years), 1946–2026 · leading case: Robertson v. Superior Court, 2001 Cal. Daily Op. Serv. 6323 (Cal. Ct. App. 2001).
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Robertson v. Superior Court, 2001 Cal. Daily Op. Serv. 6323 (Cal. Ct. App. 2001). · cites it 4× “Discussion Civil Code section 3412, under which this action is brought, appears in title III, chapter 2, article 6, of the Civil Code.”
Gilmore v. Wells Fargo Bank N.A., 75 F. Supp. 3d 1255 (N.D. Cal. 2014). · cites it 4× “In the alternative, Plaintiff alleges that the Court may cancel the notice of sale pursuant to California Civil Code section 3412. Wells Fargo argues that (1) rescission of a notice of sale is not a remedy available under HBOR or under section 3412 and (2) Wells Fargo need not…”
Rosal v. First Fed. Bank of California, 671 F. Supp. 2d 1111 (N.D. Cal. 2009). · cites it 2× “California Civil Code § 3412 provides that court-ordered cancellation of a written instrument is appropriate if “there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable .”
Cedano v. Aurora Loan Servs., LLC (In Re Cedano), 470 B.R. 522 (9th Cir. BAP 2012). · cites it 2× “He sought cancellation of the documents under Cal. Civ.Code § 3412. “A written instrument in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may .”
In Re Est. of Young, 72 Cal. Rptr. 3d 520 (Cal. Ct. App. 2008). “2d 650 , also recognized that various limitations provisions of the Code of Civil Procedure apply in actions to enforce rights stated in other codes (there, Civ. Code, § 3412 [cancellation of void instruments] ), or that arise in other contexts.”
Johnson v. PNC Mortg., 80 F. Supp. 3d 980 (N.D. Cal. 2015). · cites it 3× “CANCELLATION OF INSTRUMENTS The Johnsons’ final claim is for statutory cancellation of the assignment and notice of default under California Civil Code section 3412. (2nd Am.”
Ghalehtak v. Fay Servicing, LLC, 304 F. Supp. 3d 877 (N.D. Cal. 2018). · cites it 2× “Cancellation of Instrument California Civil Code section 3412 allows for cancellation of a written instrument when there is "reasonable apprehension that if left outstanding [ ] may cause serious injury to a person against whom it is void or voidable.”
Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013). “2012) (citing Cal. Civ.Code § 3412 et seq.). Courts have applied the tender rule to causes of action for cancellation of instruments pertaining to the foreclosure process.”
Deutsche Bank Nat'l Trust Co. v. Pyle, 220 Cal. Rptr. 3d 691 (Cal. Ct. App. 5th 2017). “) We expand on this discussion, *699 addressing the difference between quiet title relief and cancellation of instruments, to show that defendants cannot rely on the quiet title statutes.”
U.S. Bank Nat. Assn as Tr. v. Naifeh, 1 Cal. App. 5th 767 (Cal. Ct. App. 2016). “(Civ. Code, § 3412.) U.S. Bank National Association (U.”
Lester v. J.P. Morgan Chase Bank, 926 F. Supp. 2d 1081 (N.D. Cal. 2013). · cites it 2× “California Civil Code § 3412 provides that court-ordered cancellation of a written instrument is appropriate if “there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable ____” Cal.”
M.F. Farming Co. v. Couch Distrib. Co., 207 Cal. App. 4th 180 (Cal. Ct. App. 2012). “” (Civ. Code, § 3412, enacted 1872.) A facially void instrument is not subject to cancellation.”
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