Obtain Order Receive the judicial order mandating removal. 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.
Steps to File a Motion to Expunge Lis Pendens in California
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. This order is the legal authority for expungement.
Once filed, the opposing party is served and given the opportunity to respond. 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.
Filing a Motion to Expunge Lis Pendens in California
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. This process becomes necessary when a pending lawsuit no longer justifies the public warning attached to the property, and the legal landscape has shifted in favor of the property owner.
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