A California lis pendens is a recorded notice of pendency of a lawsuit that asserts a real property claim affecting specific real property. Once recorded with the county recorder, it can cloud title, affect a sale, and place lenders on notice that the property affected is subject to pending real estate litigation. Under the California Code of Civil Procedure (CCP), a lis pendens is only proper when the complaint seeks relief such as specific performance, imposition of a constructive trust, or determination of ownership or possession. If improperly recorded, a defendant can file a motion to expunge, and the court may award attorneys fees and costs. Anyone dealing with property situated in California should review the pleading carefully and consult counsel to ensure the claim has probable validity before proceeding.

For more details, keep reading.

The Legal Foundation: Code of Civil Procedure

The governing statute is found in the California Code of Civil Procedure. The CCP outlines:

• When a notice of pendency may be recorded

• What constitutes a real property claim

• The procedural requirements for filing

• The process to expunge an improper lis pendens

A lis pendens is not itself a lawsuit. It is a notice connected to an existing complaint filed in superior court. The underlying action must assert a real property claim. If it does not, the notice may be subject to expungement.

How It Affects Title

Once recorded, a lis pendens can affect title immediately. Buyers, lenders, and title companies will typically refuse to proceed with a sale or loan while the notice remains of record.

This is because:

• The property may be subject to a claim of ownership

• There may be a dispute regarding possession

• The lawsuit outcome could change who holds title

Even if the defendant disputes the alleged claim, the mere presence of the notice can create serious practical consequences.

If you're planning to move to Western New York, or if you’re already a local resident, understanding how title issues and real estate litigation can affect property is just one part of navigating real estate transactions in Western New York. For more helpful tips on buying or selling property, be sure to check out our latest real estate insights at Carol Klein WNY Homes, where we cover local housing trends, property guidance, and market updates.

What Qualifies as a Real Property Claim

Not every lawsuit involving property allows a lis pendens to be recorded. The complaint must assert a real property claim that affects specific real property.

Definition of a Real Property Claim

Under the statute, a real property claim means the action seeks:

• Determination of title or ownership

• Specific performance of a real estate contract

• Imposition of a constructive trust

• Recognition of an easement

• An interest in the property itself

For example, if a plaintiff asserts that a defendant agreed to sell property but failed to transfer title, the lawsuit may seek specific performance. In that circumstance, recording a lis pendens may be proper because the action directly affects title.

Similarly, if a party claims an easement obtained pursuant to a prior agreement, and that easement identified in the pleading affects the property affected, a lis pendens may be appropriate.

Improper Lis Pendens

An improper lis pendens arises when:

• The lawsuit only seeks monetary payment

• The claim does not affect title

• The pleading does not sufficiently describe the specific real property

In such circumstances, the defendant may bring a motion to expunge the lis pendens in superior court.

If the court determines the real property claim lacks probable validity, it may order expungement and award attorneys fees to the prevailing party.

The Filing Process and Recording Requirements

The filing and record process must strictly comply with the Code of Civil Procedure.

Step 1: File the Lawsuit

Before recording a notice of pendency, the plaintiff must first file a complaint in superior court asserting a real property claim. The pleading must clearly describe the specific real property at issue.

The complaint should include:

• A legal description of the property

• The county where the property is situated

• The nature of the ownership or interest asserted

• The relief sought

Without a properly filed lawsuit, recording a lis pendens is not authorized.

Step 2: Record the Notice

Once the lawsuit is filed, the plaintiff may record the notice of pendency in the office of the county recorder where the property is located.

The recorded document must include:

• The title of the court action

• The names of the parties

• A description of the property affected

This record serves as notice to anyone reviewing title records.

Step 3: Serve the Parties

California law requires that the defendant be served with the notice after recording. Failure to ensure proper service may provide grounds to expunge.

Strict compliance with procedural requirements is critical. Courts regularly scrutinize whether the filing was proper under civil procedure standards.

Expunging a Lis Pendens and Court Review

A defendant who believes a lis pendens is improper may file a petition or motion to expunge in the same court where the action is pending.

Grounds for Expungement

The court will examine:

• Whether the pleading asserts a real property claim

• Whether the claim has probable validity

• Whether evidence supports the alleged interest

Probable validity means the claimant is more likely than not to prevail at trial. If the court finds the claim is not meritorious, it will order the notice removed from record.

Attorneys Fees and Costs

The statute provides that the prevailing party on a motion to expunge is generally entitled to attorneys fees and costs unless circumstances make such an award unjust.

This creates a significant risk for plaintiffs who record a lis pendens without sufficient evidence to support their claim.

Consequences of a Recorded Notice

While a lis pendens is pending, it may:

• Prevent sale of the property

• Prevent lenders from extending financing

• Create a clouding title issue

• Complicate negotiations between parties

In some cases, the notice acts as leverage in real estate litigation. However, misuse can result in serious legal and financial consequences.