Legal Question in Real Estate Law in California

A lis pendens should be withdrawn by the person who filed it (usually the plaintiff's attorney) when there is no longer any pending litigation by that plaintiff possibly affecting ownership or possession of the property. Please note that both the lis pendens and the withdrawal get filed with the court and recorded with the county recorder, and thus must be notarized. Also, the codes require that the withdrawal be executed by the same person who executed to lis pendens, or his/her successor. Code of Civil Procedure section 405.50.

It's not required, but it is not going to help you to sell your home if a withdrawal has not been recorded. That's because a lis pendens (short for "notice of pendency of action") legally imparts constructive notice on any person you sell the property to that there is litigation pending that affects title to the property, and any buyer would take title subject to any judgment issued in the litigation.