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.