Legal Question in Real Estate Law in California

You don't file "for" lis pendens. A lis pendens is a formal notice recorded in the chain of title to a piece of property that there is a lawsuit pending, and that a judgment in the lawsuit would affect title to the property in some way. The process is fairly simple if you have a lawsuit pending that would change or affect title to the property. Once the lawsuit is pending, you prepare a lis pendens and first file it in the court proceeding. When the filed endorsed copy comes back from the court, you record it with the county recorder.

A lis pendens must be signed by an attorney or approved by a judge first.

A lis pendens is only appropriate in a lawsuit that involves a dispute over record title, such as a quiet title action. It is actually a statutory requirement in a quiet title action. If you have an attorney for the quiet title action, the attorney actual records the lis pendens. If you are representing yourself, without an attorney, you must apply to the court for a lis pendens, and have the judge issue it. The reason for this distinction is that lay people misunderstand the nature and purpose of a lis pendens, and tend to abuse it in situations where it is inappropriate.

The previous answer contains a mistake and omits an important step. It describes what a lawyer would do in representing a client. A self-represented person must obtain a judge's permission before filing or recording a lis pendens. See Code of Civil Procedure (CCP) section 405.21. Also, there are detailed service requirements, including use of certified or registered mail, which if not followed properly may render the lis pendens ineffective. CCP 405.22, 405.23.

Further, the lis pendens is filed with the court after it is recorded, not before. "Immediately following recordation, a copy of the notice shall be filed with the court in which the action is pending." CCP 405.22.

The reason a judge's approval is required is to prevent use of lis pendens for improper purposes, since the recording of one has a powerful adverse effect on the marketability of real property.

Also note that California statutes refer to a lis pendens as a "notice of pendency of action" which is just a translation of the "legal Latin" phrase.

That's exactly what I said the first time.