MBE Rules · Remedies
Lis Pendens
Cal. Civ. Proc. Code § 405
The rule
A notice of pending action clouds title during litigation asserting a real-property claim; it is expunged unless the claimant shows probable validity, and wrongful recording supports fees.
In plain English
Lis Pendens is a legal notice that indicates a lawsuit is pending regarding a specific piece of real property, which can affect the property's title. If the claimant cannot demonstrate a probable validity of their claim, the notice can be removed, and if the notice was wrongfully recorded, the claimant may be responsible for paying legal fees.
Worked example
A homeowner discovers that a developer has filed a Lis Pendens against their property, claiming an easement. The homeowner contests the claim but fails to provide sufficient evidence of probable validity during the hearing. As a result, the court expunges the Lis Pendens, and the homeowner is awarded attorney fees for the wrongful recording.
Memory hook
Lis Pendens: Don't let a pending lawsuit cloud your title without proof!
The trap
Exams often present scenarios where students must determine whether the claimant has shown probable validity, which can be confusing if the facts are ambiguous. Students may overlook the requirement for the claimant to substantiate their claim.
How examiners test it
Questions typically involve a fact pattern where a Lis Pendens is filed, and candidates must analyze the validity of the claim and whether it can be expunged based on the evidence presented.
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