Legal Question in Civil Litigation in California
Can I File an Amended Lis Pendens?
I (plaintiff) filed a lawsuit In Pro Per for (breach of contract) specific performance (Seller decided in middle of escrow not to sell) and a lis pendens at the same time.
Complaint & Summons related to lis pendens have been served on defendants, and they have not responded to the Complaint.
The filed Lis Pendens was approved by a judge, and then I recorded it (not knowing I should have mailed a copy to opposing party before recording, not after). Also, after recording the lis pendens, I noticed a typo that needs to be fixed (spelled names correctly in the case facts, but accidently missing a letter in one of the names in the intro).
What should I do now?
Do I need to mail a copy of the non-recorded and/or the recorded lis pendens (with typo) to the opposing party, before I file an amended lis pendens with the court?
2 Answers from Attorneys
The only effect of a lis pendes is to warn potential buyers of the property that there is a claim being made that might effect the property. Until the other side moves to remove the lis pendes, which they likely will not do, even the incorrectly filed one has achieved its purpose. Since it was incorrectly filed, technically it is a slander of title for which you could be sued, but it is unlikely that will occur. Wait to see if the other side will answer or if you can work out a compromise.
My only concern with Mr. Shers response is whether the typographical errors affect the manner in which the Notice of Pendency of Action (lis pendens) is indexed at the County Recorder's Office. If the error is significant, it may not be properly indexed and may not impart constructive notice on any bona fide third party purchasers who do not locate it, or on their title companies who are preparing to issue a title policy.
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