Legal Question in Real Estate Law in California

Re: What is Illegal Lis Pendens Statute

A wrongful lis pendens can be removed and the offending party made to pay damages and your attorney fees, so why wouldn't you use an attorney?

Re: What is Illegal Lis Pendens Statute

Although the old term "lis pendens" is still in widespread use, the statutes now call it a Notice of Pendency of Action. It means the same thing, but might make it harder to look up in the Code of Civil Procedure. Look up sections 405 through 405.61. Expungement of an improper lis pendens is covered in sections 405.30 to 405.39.

In addition to an application for expungement, a party injured by an improper lis pendens filing and recordation may have a tort ause of action for slander of title, although in some cases the act is protected by so-called "litigation privilege."

Generally, a lis pendens may be used when the underlying lawsuit questions title to, or right of possession of, real property. It is improper to use a lis pendens just to tie up a house to prevent its sale while a claim for money damages is being litigated unless there are also bona fide title or possession issues.