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Lis Pendens in California

A Lis Pendens in California is the topic of this blog post. A Lis Pendens is technically known as a notice of pendency of action. The notice is authorized and governed by Code of Civil Procedure sections 405 through 405.61.

Any party wishing to record a Lis Pendens should carefully review and follow the procedures for serving and recording a Lis Pendens due to the fact that failure to do so may allow the party against whom the notice was recorded to request that the Court expunge the Lis Pendens for defective service or recording and order the recording party to pay their attorney fees and costs.

Anyone considering filing a Lis Pendens should also perform thorough legal research to make sure that at least one of the causes of action in their complaint states a real property claim. Failure to do so can be a costly mistake as the opposing party may file a motion to expunge the Lis Pendens and request the Court to order the recording party to pay their attorney fees and costs involved in filing the motion to expunge. The author worked on a case several years ago where a Lis Pendens was expunged and the award of attorney fees and costs was approximately $6,000.00.

Only a licensed California attorney can record a Lis Pendens with the County Recorder. Individuals who are not represented by an attorney MUST ask a Judge pursuant to Code of Civil Procedure section 405.21 to approve the Lis Pendens and order that the Lis Pendens can be recorded or the County Recorder will not accept it for recording.

A Lis Pendens is intended to be used when a party has filed a lawsuit that includes a real property claim and the party wishes to file the notice to place a “cloud” on the title to the real property. Real property claims include causes of action for quiet title, fraudulent transfer and others.

Attorneys or parties in California who would like to view a sample Lis Pendens intended for use by attorneys or individuals representing themselves and created by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

To view over 300 sample legal documents for sale by the author of this blog post visit the following link: View over 300 sample legal documents for sale

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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