Legal Question in Real Estate Law in California

You are to be congratulated for loking up the law and trying to do this on your own, but you questions show that you do not undnerstand the basis process. While I have not done a partition action, the general rules of civil procedure require the following:

1. While not required, make one last written demand to your siblings that they buy you out [proposed very flexible terms] or you will file a partition action;

2. Consult with an attorney who has experience in this [Brian Whipple who answers questions on this site would be an excellent choice] to find out what your chances of success are, as if you are a minority title holder, the property has a good cash flow, the market for selling the property is not good, etc. then it would seem unfair to force the sale of the property just because you want it done. Perhaps you can hire him on an hourly basis to guide you.

3. Once you file the suit, then you can file the lis pendes, as the later merely means that a legal action has been taken against the property, so obviously suit must first be filed. You do not need a judge to approve the lis pendes as it merely is a warning to others who might buy the property that they may not be able to get clean title. But since you want the property to be sold, why would you file a lis pendes? The laws do not treat a pro per dilfferently than someone represented by an attorney [judges as a practical matter do]. Try to get the case into mediation ASAP to see if a resolution can be worked out.

Mr. Shers is wrong about the lis pendens....Code of Civil Procedure section 405.21 provides that an attorney of record may sign, or alternatively a judge of the court in which an action is pending may approve it. Note that modern California law calls a lis pendens a "notice of pendency of action" which is a translation of "lis pendens," but lawyers and judges all still use the old "legal Latin" phrase.

Here's the sequence of events I would use to file this case: (1) Get the title report and a litigation guarantee; (2) Prepare the Complaint, Summons and Lis Pendens; (3) Submit the Complaint for filing and the Summons for issuance - I would use a filing service such as "One Legal" for this, obviating the need for a trip to Riverside. (4) As soon as the Complaint is on file (and you have a case number!) add the case number to the lis pendens and record it with the Riverside County recorder. Here, I would have a choice of methods, including mail. (5) Place the Summons and Complaint and miscellaneous papers required by local rules into the hands of a process server. (6) When the recorded lis pendens is returned, file a copy with the court. I could do this all from my desk in Tomales.

For an in pro. per. plaintiff, I'd suggest contacting "One Legal" in San Rafael to see if they would do filing for a non-attorney. In any case, right after your Complaint is on file, you'll probably know who your judge will be. Contact the judge's clerk by phone and inquire what is the best time and method for getting him or her to sign your lis pendens. Ask the clerk if you need to pre-notify the defendants of your proposed visit with the judge. Explain that you are from Contra Costa County.

Alternatively, I can handle this case for you quite economically.

As for negotiation, etc. with your co-owners, once the suit is filed their negotiating postures will change. Typically, they'll be angry at first, but when the inevitability of the result if the matter stays in court hits home, there will be a lot more interest in settlement, including a private sale outside the court system followed by distribution of the net proceeds by use of an arbitrator.