How does a notice of pendency affect an action affecting title to real property?

California, United States of America


The following excerpt is from Zavieh v. Superior Court of Alameda Cnty., A142768 (Cal. App. 2015):

When a party files an action affecting title to real property, it may file a notice of pendency of the action (also called a lis pendens) in the office of the county recorder. ( 405.20; Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647 (Kirkeby) [" 'A lis pendens is a recorded document giving constructive notice that an action has been filed affecting title or right to possession of the real property described in the notice.' "].)

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After the notice is recorded, any party to the action may move to have it expunged. ( 405.30.)

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