Lis Pendens in California: What a Notice of Pending Action Does and How to Expunge It

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

A lis pendens is a recorded notice that a lawsuit affecting title to, or possession of, specific California real property, or the use of an easement, is pending. The statutes call it a notice of pendency of action. It decides nothing, but buyers and lenders treat it as a cloud on title. An owner removes one by a motion to expunge, on which the party who recorded it carries the burden of proof. (Code Civ. Proc., § 405.30.) Kolmogorov Law, P.C. records and expunges these notices in Orange County and Los Angeles.

Call (909) 235-6116 or contact us online to discuss a lis pendens recorded against your property, or a claim you need to protect with one.

What a lis pendens does

A party to a lawsuit who asserts a real property claim may record a notice of pendency of action in the county where the property sits. The notice names the parties and describes the property. (Code Civ. Proc., § 405.20.)

Recording has one legal effect and one practical effect. Legally, anyone who buys or lends against the property afterward is deemed to have constructive notice of the lawsuit, and the claimant's rights, as finally determined, relate back to the recording date. (Code Civ. Proc., § 405.24.) Practically, title companies rarely insure around it. Sales stall. Refinances stop.

That is the point for a claimant with a real claim to the property. It is also why the tool gets misused.

The claim has to be about the property

A lis pendens is available only for a real property claim. That means a cause of action that would, if meritorious, affect title to, or the right to possession of, specific real property, or the use of an easement identified in the pleading. An easement that a regulated public utility obtained under a statute does not count. (Code Civ. Proc., § 405.4.) A suit for specific performance of a purchase contract qualifies. So do quiet title claims and a partition action, where recording is mandatory.

A claim for money does not qualify merely because the defendant owns a building that could pay the judgment. The line is whether the relief sought would itself change title, possession, or the use of an identified easement. The California Supreme Court held that a claim to void a fraudulent transfer of specific real property meets that test and supports a lis pendens, while recognizing that the statute can be abused. (Kirkeby v. Superior Court (2004) 33 Cal.4th 642.) Creditors with ordinary money claims should look instead at a prejudgment writ of attachment.

Recording it correctly

The statute is unforgiving about procedure.

Signature. The notice must be signed by the attorney of record. A party without a lawyer needs a judge's approval first. (Code Civ. Proc., § 405.21.)
Mailing. Before recording, the claimant must mail a copy by registered or certified mail, return receipt requested, to all known addresses of the adverse parties and to the owners of record shown on the latest county assessment roll. Where no address is known, a recorded declaration under penalty of perjury takes the place of mailing. (Code Civ. Proc., § 405.22.)
Filing. Immediately after recording, a copy must be filed in the court where the case is pending. (Code Civ. Proc., § 405.22.)

Skip those steps, or fail to record a proof of service with the notice, and it is void and invalid as to that adverse party or owner. (Code Civ. Proc., § 405.23.) I check this first. A defective notice can be attacked without reaching the merits. A Court of Appeal has held, though, that substantial compliance with the mailing rule can be enough to save the notice.

If you are the owner: the motion to expunge

Any party may move to expunge at any time after recording. So may a nonparty with an interest in the property, with leave to intervene. (Code Civ. Proc., § 405.30.) There are two main grounds. The claimant bears the burden on both.

No real property claim. If the pleading on which the notice is based does not contain a real property claim, the court must order the notice expunged. (Code Civ. Proc., § 405.31.) This is a review of the complaint, similar to a demurrer.

No probable validity. Even if the complaint pleads a real property claim, the court must expunge unless the claimant proves, by a preponderance of the evidence, that the claim is probably valid. That means the claimant is more likely than not to obtain a judgment on it. (Code Civ. Proc., §§ 405.3, 405.32.) The hearing is a small trial on declarations, and it gives the owner an early look at the claimant's evidence.

Bonds as a middle path

Two provisions let the court use an undertaking instead of an all-or-nothing ruling. The court must expunge a notice, even for a probably valid claim, if adequate relief can be secured to the claimant by an undertaking from the owner. (Code Civ. Proc., § 405.33.) For commercial property, the usual presumption that real estate is unique does not apply to that question. Going the other way, the court may require the claimant to post an undertaking as a condition of keeping the notice of record, and must expunge if the claimant does not. (Code Civ. Proc., § 405.34.)

For an owner with a closing date, a bond can be the fastest route to clear title.

Fees, timing, and review

The party who prevails on the motion is to be awarded reasonable attorney fees and costs, unless the other side acted with substantial justification or an award would be unjust. (Code Civ. Proc., § 405.38.) That rule cuts both ways.

An order is not appealable. Review is by petition for a writ of mandate, filed and served within 20 days of service of written notice of the order. An expungement order is not effective until the time to petition has run and, if a timely petition is filed, until the writ proceeding is finally decided. (Code Civ. Proc., §§ 405.35, 405.39.) Once the order is recorded, the notice no longer gives later buyers or lenders notice of the lawsuit. (Code Civ. Proc., § 405.60.)

If you are the claimant: risks of recording

Record when the lawsuit truly seeks the property and you can prove it early. A recorded lis pendens is a privileged publication only if it identifies a previously filed action that affects title to or the right of possession of real property. (Civ. Code, § 47, subd. (b)(4).) A notice recorded on a pure money claim can expose the claimant to a slander of title suit, on top of a fee award. Our page on fraudulent transfers explains when a creditor's claim reaches the property itself.

What to bring to the first meeting

The recorded notice, with its proof of service and recording date.
The complaint or cross-complaint it refers to.
The purchase contract, lease, or co-ownership agreement in dispute.
Escrow, lender, or title company correspondence, including any closing deadline.

Frequently asked questions

The other side recorded a lis pendens on my commercial property and my refinance is stalled. How do I get it removed?

File a motion to expunge in the California court where the case is pending. The party who recorded the notice must show that its complaint states a real property claim and that the claim is probably valid, or the court must expunge. (Code Civ. Proc., §§ 405.31, 405.32.) You can also ask the court to substitute a bond. The winner of the motion ordinarily recovers attorney fees.

What is a lis pendens in California?

It is a recorded notice that a lawsuit affecting title to, or the right to possess, a specific parcel of California real property, or the use of an easement, is pending. It gives later buyers and lenders constructive notice of the claim, so anyone who acquires an interest afterward takes it subject to the outcome. (Code Civ. Proc., § 405.24.) It is a notice, not a lien and not a judgment.

Can a lis pendens be recorded on a claim for money damages?

Generally not. California allows a lis pendens only for a real property claim, meaning one that would affect title to or possession of specific real property, or the use of an easement identified in the pleading, if it succeeds. (Code Civ. Proc., § 405.4.) A lawsuit that seeks only money, and points to the property as a way to get paid, is the classic target of a motion to expunge.

I am suing to enforce my contract to buy a building. Should I record a lis pendens, and what can go wrong if I do?

Usually you should, because without it a buyer or lender with no notice of your lawsuit may take the property free of your claim. A California notice that is not properly mailed and filed can be void as to the owner, and if the owner wins a motion to expunge you will likely pay its attorney fees. (Code Civ. Proc., §§ 405.23, 405.38.)

Who pays attorney fees on a motion to expunge a lis pendens?

The losing side, in most cases. California directs the court to award the prevailing party its reasonable attorney fees and costs of making or opposing the motion. The exceptions are a losing party who acted with substantial justification and circumstances that would make an award unjust. (Code Civ. Proc., § 405.38.)

Talk to a California real estate litigation attorney

If a lis pendens is blocking your sale or loan, or you need to protect a claim to property, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located at 327 Magnet, Irvine, CA 92618, and appears in the Orange County Superior Court and the Los Angeles Superior Court.

This page provides general information about California law and is not legal advice. Outcomes depend on the pleadings, the evidence, the facts, and the court.