Legal Question in Construction Law in California

Lis Pendens

The CSLB is in the process of preparing an accusation against a General Contractor based on my complaint. I fully expect they will find the GC has violated many laws and has cost me over $50 K in costs after using unlicensed workers and abandoning the job, (not to mention the invalid lien he filed as a delaying tactic..and boy..that was a doozy dealing with that.)

I have researched and determined that even though the GC does not have a lot of liquid assets he does own an unimproved one acre lot in a residential area.

Should I and can I request a Lis Pendens to stop him disposing of such assets or do I need to be the one directly taking the legal action in order to do this?

Thank You

Alan


Asked on 10/25/07, 8:38 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Lis Pendens

A lis pendens (also called notice of pending or pendency of action) can only be used in lawsuits involving disputes over the title or use of real property. Your claim would be amount money, not property.

If you sue and win a judgment, you can put a judgment lien on any real property he owns. If some cases, you might be able to convince a judge to give you a prejudgment lien to attach the property you have in mind.

And yes, you would need to file your own lawsuit in order to accomplish all of this with your own attorney.

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Answered on 10/26/07, 12:52 am
Terry A. Nelson Nelson & Lawless

Re: Lis Pendens

If you place a lis pendens on his property without proper legal justification [which you apparently don't have], you face serious legal consequences in the form of a lawsuit against you. It would not be a good idea for you to 'play lawyer' on your own. Feel free to contact me if you need to bring suit against him.

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Answered on 10/29/07, 1:46 pm


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