How to Remove a Frivolous Lis Pendens (Notice of Pendency of Action) from Your California Title
A frivolous lis pendens halts property sales by clouding the title. California law (CCP 405.30) allows owners to file an expungement motion to clear the title swiftly and force the malicious party to pay their attorney's fees.
Attempting to sell or refinance a property in California is impossible if there is a "cloud" on the title. One of the most aggressive tools used to cloud a title is a Lis Pendens, formally known as a Notice of Pendency of Action. When recorded at a local county office, such as the Los Angeles County Recorder, it serves as a public warning that a lawsuit is pending regarding the ownership or possession of the property. While it is a legitimate legal tool, disgruntled parties frequently weaponize it, filing frivolous lawsuits simply to stall a sale and force a cash settlement. Understanding how to legally remove, or "expunge," a malicious lis pendens is critical for property owners and real estate developers.
We highly suggest checking our US Lawyer directory to locate an experienced real estate litigation attorney in your specific California county. Attempting to expunge a lis pendens without legal counsel is highly risky. A skilled lawyer can navigate the strict procedural rules of the California Code of Civil Procedure and petition the court to clear your title as quickly as possible.
Understanding Cal. Code Civ. Proc. § 405.30 Expungement Motions
To combat the abuse of this legal tool, California law provides a fast-track remedy. Under Cal. Code Civ. Proc. § 405.30, a property owner can file a Motion to Expunge Lis Pendens. The burden of proof shifts immediately to the person who recorded the notice (the claimant). The claimant must prove to the judge that their underlying lawsuit contains a valid "real property claim" and that they have a probable validity of winning the case. If they cannot prove both elements, the judge will order the lis pendens expunged, instantly unfreezing your property.
Common Scenarios for Frivolous Lis Pendens in California
Malicious notices are typically filed by individuals attempting to exert financial pressure during unrelated disputes. Recognizing these common patterns helps in formulating a rapid defense.
Disgruntled Former Business Partners
In commercial real estate across areas like Silicon Valley and Orange County, joint ventures frequently dissolve into bitter disputes. If a business partner is ousted from an LLC, they might sue for breach of contract or unpaid profits. To gain leverage, they illegally record a lis pendens on the LLC's primary real estate asset. However, California courts have strictly ruled that a lawsuit for purely monetary damages does not justify a lis pendens. An attorney can quickly get this expunged because it is not a genuine claim to property ownership.
Rejected Buyers Attempting Specific Performance
In a hot California housing market, sellers sometimes back out of an escrow agreement to accept a higher offer. A rejected buyer might file a lawsuit for "specific performance"-demanding the court force the seller to hand over the house-and slap a lis pendens on the title. If the buyer breached the contract first (e.g., failed to secure financing on time), the seller's attorney can argue that the buyer lacks probable validity to win the lawsuit, thus securing an expungement.
Estranged Family Members in Probate Disputes
When parents pass away, siblings frequently battle over inherited real estate. An estranged sibling who was written out of the will might challenge the estate in the local probate court and file a lis pendens on the family home in Sacramento. This prevents the Executor from selling the house to distribute assets. If the sibling's legal challenge is frivolous or based on baseless claims of undue influence, the Executor can move for expungement.
The Timeline to Clear Your Title and Win Attorney's Fees
Time is of the essence when your property sale is stalled. Once your attorney files a Motion to Expunge, the court will typically schedule a hearing within 30 to 45 days. This is exceptionally fast compared to standard civil litigation. During this time, your lawyer will serve the opposing party and submit evidence proving their claim is invalid.
Mandatory Attorney's Fees
To discourage malicious filings, California law provides a sharp financial penalty. Under Cal. Code Civ. Proc. § 405.38, the court must award reasonable attorney's fees and costs to the prevailing party on an expungement motion, unless it finds that the other party acted with substantial justification. This means that if you hire a lawyer to defeat a frivolous lis pendens, the disgruntled party who filed it will likely be ordered to pay your legal bills.
| Type of Dispute | Is it a Valid Real Property Claim? | Likelihood of Expungement |
|---|---|---|
| Suing for Unpaid Business Profits | No (Monetary damages only) | Very High. Lis Pendens is invalid. |
| Specific Performance (Valid Buyer) | Yes (Claiming right to buy the home) | Low, unless seller proves buyer breached first. |
| Fraudulent Deed Transfer | Yes (Claiming actual ownership) | Depends heavily on the evidence of fraud. |
| Neighbor Suing Over a Nuisance | No (Does not affect ownership/title) | Very High. Lis Pendens is inappropriate. |
Frequently Asked Questions (FAQ)
Can I just ignore a Lis Pendens if I know it's fake?
No. Even if the underlying lawsuit is completely fabricated, the Lis Pendens sits on your public title record. No title insurance company will issue a policy, meaning no bank will fund a mortgage for your buyer. You must legally remove it.
What is an expungement bond?
If a judge finds the claimant's case has some merit but still wants to allow the property sale to proceed, the judge can order the lis pendens expunged on the condition that the property owner posts a monetary bond to protect the claimant's potential damages.
Does removing the Lis Pendens end the lawsuit?
Expunging the notice clears your title so you can sell the property, but it does not automatically dismiss the underlying lawsuit. However, losing an expungement motion often forces the opposing party to drop the case due to the financial penalties.
Do I have to go to court for the expungement hearing?
In most California civil courts, your attorney will handle the oral arguments on your behalf. Unless the judge specifically requests your testimony, you generally do not need to appear in person.
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