SECTIONS 405-405.24 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 405-405.24

405. The definitions in this chapter govern the construction of
this title.

405.1. "Claimant" means a party to an action who asserts a real
property claim and records a notice of the pendency of the action.

405.2. "Notice of pendency of action" or "notice" means a notice of
the pendency of an action in which a real property claim is alleged.

405.3. "Probable validity," with respect to a real property claim,
means that it is more likely than not that the claimant will obtain a
judgment against the defendant on the claim.

405.4. "Real property claim" means the cause or causes of action in
a pleading which would, if meritorious, affect (a) title to, or the
right to possession of, specific real property or (b) the use of an
easement identified in the pleading, other than an easement obtained
pursuant to statute by any regulated public utility.

405.5. This title applies to an action pending in any United States
District Court in the same manner that it applies to an action
pending in the courts of this state.

405.6. In an action by a public agency in eminent domain pursuant
to Title 7 (commencing with Section 1230.010) of Part 3, the
issuance, service, and recordation of a notice of pendency of action
shall be governed by Section 1250.150 and shall not be subject to
Chapter 2 (commencing with Section 405.20).

405.7. Whenever an action is commenced to declare a building
uninhabitable, the plaintiff public agency, at the time of filing the
complaint, shall record in the office of the recorder of the county
in which the building is situated, a notice of the pendency of the
action, containing the names of the parties and a description of the
real property upon which the building affected by the action is
situated.

405.8. Nothing in this title precludes any party from seeking an
attachment, injunction, or other relief in connection with a real
property claim or the expungement of a notice of pending action.

405.20. A party to an action who asserts a real property claim may
record a notice of pendency of action in which that real property
claim is alleged. The notice may be recorded in the office of the
recorder of each county in which all or part of the real property is
situated. The notice shall contain the names of all parties to the
action and a description of the property affected by the action.

405.21. An attorney of record in an action may sign a notice of
pendency of action. Alternatively, a judge of the court in which an
action that includes a real property claim is pending may, upon
request of a party thereto, approve a notice of pendency of action. A
notice of pendency of action shall not be recorded unless (a) it has
been signed by the attorney of record, (b) it is signed by a party
acting in propria persona and approved by a judge as provided in this
section, or (c) the action is subject to Section 405.6.

405.22. Except in actions subject to Section 405.6, the claimant
shall, prior to recordation of the notice, cause a copy of the notice
to be mailed, by registered or certified mail, return receipt
requested, to all known addresses of the parties to whom the real
property claim is adverse and to all owners of record of the real
property affected by the real property claim as shown by the latest
county assessment roll. If there is no known address for service on
an adverse party or owner, then as to that party or owner a
declaration under penalty of perjury to that effect may be recorded
instead of the proof of service required above, and the service on
that party or owner shall not be required. Immediately following
recordation, a copy of the notice shall also be filed with the court
in which the action is pending. Service shall also be made
immediately and in the same manner upon each adverse party later
joined in the action.

405.23. Any notice of pendency of action shall be void and invalid
as to any adverse party or owner of record unless the requirements of
Section 405.22 are met for that party or owner and a proof of
service in the form and content specified in Section 1013a has been
recorded with the notice of pendency of action.

405.24. From the time of recording the notice of pendency of
action, a purchaser, encumbrancer, or other transferee of the real
property described in the notice shall be deemed to have constructive
notice of the pendency of the noticed action as it relates to the
real property and only of its pendency against parties not
fictitiously named. The rights and interest of the claimant in the
property, as ultimately determined in the pending noticed action,
shall relate back to the date of the recording of the notice.