Legal Question in Real Estate Law in California

Re: Lis Pendens

You seem to have two legal terms confused. You may have been served with a Summons and a Lis Pendens, but there is no such thing as a "Lis Pendens Summons." The papers served on you should also contain a Complaint. A Summons and the Complaint go together like a horese and carriage.

The Summons is a court-issued document, usually of one page, that directs you to respond to the Complaint, which is usually a multi-page document prepared by the plaintiff or his/her/its lawyer.

With most Complaints, the Summons directs the named defendant to respond within 30 days of face the likelihood of being found in default, hence effectively admitting the allegations of the Complaint and having judgment rendered for the plaintiff. The usual response to a Complaint is an Answer, although certain other responsive papers will also serve to prevent a default, such as a demurrer, a motion to change venue, etc.

You can contact the plaintiff, and/or you can pay the amount demanded in the Complaint, but neither step, however successful, automatically results in dismissal of the lawsuit, so you should figure on getting an Answer on file.

If the package of papers served on you includes a Lis Pendens, the suit must involve ownership or possession of real property, indicating the serious nature of the suit. (The Lis Pendens is now officially known as a Notice of Pendency of Action, but the older legal Latin name is still in widespread use, and is recorded at the office of the County Recorder as public notice that the within-named property is the subject of litigation.)

Some people successfully defent lawsuits themselves without a lawyer, but that is perilous and therefore I do recommend you find one, at least to prepare, fine and serve an Answer.