Legal Question in Real Estate Law in California
Are there different ways of filing a lis pendens in CA? First time I had so in CA, my attorney signed the form, mailed copies of it to the opposing party's attorney, and recorded directly with the local county. The case was latter dismissed by me to bring in new causes of action. Checked with local county recorder, told the above was fine, and thought the new attorney's recommendations was more inline with a "mechanic lien" on real property, maybe applicable for new case not limited to Quiet Title dispute.
A new case, new attorney in different county filed a better case, requests the following 1) file original lis pendens with court 2) buy a certified copy from court and have it recorded with my local county 3) just before #2, mail with certified mail and return receipt copies of the certified copy toward the likely 2 law firms representing the defendants.
I am trying to do everything correctly, however do not want to go overboard with any actions that do not affect the correct filing process of the lis pendens without adding too much in certified copy and certified mail fees. Thanks in advance, I attempted to ask my attorney however he is out of town, and I need to file this soon before his return.
2 Answers from Attorneys
Well, first of all, the "lis pendens" is called "Notice of Pendency of Action" in California's statutes even though most lawyers and judges refer to them by their shorter and simpler "legal Latin" name. Knowing this might be helpful.
Next, a lis pendens cannot be signed by an in pro. per. litigant without prior approval from a judge. Attorneys may, however, prepare and sign them. See Code of Civil Procedure section 405.21. Further, if your are represented, signing documents yourself isn't proper. Therefore, you'll probably save time and money waiting for your attorney to return, or having another attorney in his firm sign it.
Finally, I have filed and recorded many lites pendentes (yep, I think that's the proper plural of lis pendens) and have never had to record a certified copy. However, as with most documents to be recorded, I always sign before a notary public.
I recommend waiting for your attorney to assist you.
I think Mr. Whipple misread your post. I first read it the same way, but then realized that you have an attorney and are trying to file the document yourself.
First of all, the term "filing" means filed with the court. When you take a document to the court to be filed, it is placed in a court file. When you take a document to the county recorder, it is actually "recorded" not filed. The actual document is imaged and the original is returned back to you.
With that in mind, the procedure for properly recording a Notice of Pendency of Action is set forth in Code of Civil Procedure section 405.20, and the following sections. The attorney first signs it (Code Civ. Proc., sect. 405.21). Then it must be mailed, by registered or certified mail, return receipt requested, to the parties listed in section 405.22 Then the original is recorded. After recordation, a copy of the notice is filed with the court in which the action is pending.
I'm puzzled at why you feel comfortable with an attorney who has you finding out how to do his or her job from other attorneys by posting anonymously on the internet.
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