Legal Question in Real Estate Law in California

"Lis pendens" is the legal Latin name for what California statutes now refer to as a "Notice of Pendency of Action," but most lawyers still use the old name. Its purpose is to nofity the world that a lawsuit affecting title or possession of real property is pending in court (state or federal).

So, the first requirement is that there be a lawsuit on file, and it has to be one that asserts a claim affecting title or possession of real property. The lis pendens should show the caption used on the court-filed papers, including the name of the court and the case number.

The lis pendens must be signed by an attorney of record in the case, or, if filed by a non-attorney party, it must be pre-approved by a judge.

Once prepared and signed, the lis pendens is served as required by statute and filed with the County Recorder in the county where the action is pending. Then, a copy showing that it has been recorded is filed with the court clerk. The service rules are somewhat more expansive than the rules for serving other legal documents, and should be followed carefully.

See Code of Civil Procedure sections 405 et seq. for details. Also note that the improper filing of a lis pendens can have severe consequences (damages for slander of title, etc.).