What Is a Lis Pendens (Notice of Pendency of Action)?

A lis pendens, formally a notice of pendency of action, is a document recorded with the county recorder announcing that a lawsuit is pending that affects title to or possession of a specific property. Anyone who buys or lends against the property after the notice is recorded takes it subject to whatever the lawsuit decides, which as a practical matter makes the property unsellable and unfinanceable until the case resolves.

California allows a lis pendens only for claims that actually affect title or possession of real property, under Code of Civil Procedure section 405 and following. Because the notice is so powerful, the statute gives owners a fast remedy: a motion to expunge. On that motion, the claimant must show the case states a real property claim and prove its probable validity. If the lis pendens is expunged, the owner can often recover attorney's fees.

Used properly, a lis pendens preserves the property so a judgment means something. Used improperly as leverage, it invites expungement and a fee award, so the decision to record one deserves real analysis.

It Only Works for a Real Property Claim

A lis pendens may be recorded only where the lawsuit asserts what the Code of Civil Procedure calls a real property claim, meaning a cause of action that would, if successful, affect title to or the right to possession of specific real property. Quiet title, partition, specific performance of a purchase agreement, fraudulent transfer claims seeking to void a deed, and easement disputes generally qualify.

A claim that is really about money does not qualify simply because the defendant happens to own real estate. Recording a lis pendens to pressure a defendant into paying an unrelated debt is one of the more common and more costly mistakes in California real estate litigation.

Expungement and the Fee Exposure

A defendant can move to expunge the notice. On that motion the burden sits with the party who recorded it, which reverses the usual expectation: the claimant must establish the probable validity of the real property claim by a preponderance of the evidence, rather than the defendant having to disprove it.

The Code also provides that the prevailing party on an expungement motion is generally awarded attorney fees and costs unless the court finds the other side acted with substantial justification. That fee shift is not discretionary in the ordinary case, which is why a marginal lis pendens can end up costing more than the claim was worth.

Recording and Service Requirements

The notice must be recorded in the county where the property sits and must be served on all parties and on the property owners of record, generally by registered or certified mail, with proof of service. Skipping or botching service is a defect that can support expungement on its own, independent of the merits of the underlying claim.

Timing is also strategic. Recording before the defendant knows a claim is coming preserves leverage and blocks a quick transfer, but it also starts the expungement clock and invites an early, well-funded motion.