In California, the rules governing this document are strict, and property owners must understand the exact conditions under which it can be removed. While essential for protecting a plaintiff's interest, the continued recording of a lis pendens after the underlying legal basis has been resolved can severely hinder the owner's ability to sell, refinance, or transfer the property.
Key Filing Tips and Legal Criteria for Expunging Lis Pendens
Judges look for evidence that the underlying action is terminated, or that the lis pendens was recorded in bad faith or without probable cause. Grounds for Filing a Motion to Expunge Before initiating the expungement process, the moving party must establish legitimate legal grounds recognized by the California courts.
Once filed, the opposing party is served and given the opportunity to respond. The Procedural Steps for Expungement The process of removing a lis pendens involves a series of deliberate legal steps that must be followed precisely to ensure success.
Key Steps for Filing a Motion to Expunge Lis Pendens in California
Specific Legal Criteria for Expungement California law provides specific criteria that courts evaluate when considering a motion to expunge. Generally, a motion to expunge lis pendens is appropriate when the plaintiff has failed to prosecute the action, the lawsuit has been dismissed, or the court has determined that the party recording the notice had no valid legal claim.
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