Legal Question in Real Estate Law in California

Re: Liable

No harm in informing the agent about the lawsuit, however I wonder whether a lis pendens is appropriate. Are you an attorney or represented by an attorney? If you are in pro. per., you cannot record or file a lis pendens without a judge's prior approval.

Further, if your suit is ONLY for unjust enrichment, I strongly doubt that a lis pendens is permissible. A lis pendens can only be recorded and filed if the lawsuit challenges ownership or right of possession of real property. While perhaps failure to convey title could have resulted in a suit for specific performance, for which a lis pendens would be appropriate, a suit for unjust enrichment seeks only money damages (i.e., restitution) and does not raise issues for which a lis pendens is permissible.

I think you need more help that you're asking for. Improperly filing a lis pendens can be considered slander of title, and the owner/seller or agent may seek damages from you if your lis pendens is found to be unwarranted and it causes them to lose a sale.

Re: Liable

See Civil Code subsection 47(b)(4), removing the immunity from defamation rules once enjoyed by any lis pendens, when the lis pendens is improper because the underlying lawsuit doesn't relate to title or possession of real property.

The legislative history of this amendment to Civil Code section 47 indicates that it was added because there was a common practice of filing suits and lites pendentes for the sole or principal purpose of chilling possible sales or leases of property, and that immunity was not warranted.

There is also a somewhat remote possibility that you could be sued for malicious prosecution, but only if your underlying suit for unjust enrichment was determined to be pretty much groundless.

Finally, someone offended by an improperly-recorded lis pendens can make a motion in court to have it expunged. If you really do have a real-property claim, maybe you should amend your complaint to state it.

Re: Liable

Once the lis pendens is recorded the world has notice of the lawsuit and the allegations in the lawsuit. Telling the agent what he or she already has been given notice of is not actionable. Just tell the agent about the lawsuit, giving the case number and the identity and location of the court.