A hearing is often scheduled where the judge reviews the arguments and evidence before issuing an order directing the recorder to remove the notice from the public records. 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.
Serving and Filing Your Motion to Expunge Lis Pendens Notice
Obtain Order Receive the judicial order mandating removal. 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.
This is accompanied by a declaration outlining the reasons for the request and supporting evidence. The statute requires that the party seeking expungement demonstrate that they have been injured by the notice and that the legal impediments to removing it have been satisfied.
Serving and Filing Your Motion to Expunge Lis Pendens Notice
Court Hearing Present arguments and evidence before a judge. 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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