Code Section Group

Code of Civil Procedure - CCP

PART 2. OF CIVIL ACTIONS [307 - 1062.20]

  ( Part 2 enacted 1872. )

TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61]

  ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. )

CHAPTER 1. Definitions and General Provisions [405 - 405.61]
  ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. )

405.
  

The definitions in this chapter govern the construction of this title.

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

405.1.
  

“Claimant” means a party to an action who asserts a real property claim and records a notice of the pendency of the action.

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

405.2.
  

“Notice of pendency of action” or “notice” means a notice of the pendency of an action in which a real property claim is alleged.

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

405.3.
  

“Probable validity,” with respect to a real property claim, means that it is more likely than not that the claimant will obtain a judgment against the defendant on the claim.

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

405.4.
  

“Real property claim” means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility.

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

405.5.
  

This title applies to an action pending in any United States District Court in the same manner that it applies to an action pending in the courts of this state.

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

405.6.
  

In an action by a public agency in eminent domain pursuant to Title 7 (commencing with Section 1230.010) of Part 3, the issuance, service, and recordation of a notice of pendency of action shall be governed by Section 1250.150 and shall not be subject to Chapter 2 (commencing with Section 405.20).

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

405.7.
  

Whenever an action is commenced to declare a building uninhabitable, the plaintiff public agency, at the time of filing the complaint, shall record in the office of the recorder of the county in which the building is situated, a notice of the pendency of the action, containing the names of the parties and a description of the real property upon which the building affected by the action is situated.

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

405.8.
  

Nothing in this title precludes any party from seeking an attachment, injunction, or other relief in connection with a real property claim or the expungement of a notice of pending action.

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

405.20.
  

A party to an action who asserts a real property claim may record a notice of pendency of action in which that real property claim is alleged. The notice may be recorded in the office of the recorder of each county in which all or part of the real property is situated. The notice shall contain the names of all parties to the action and a description of the property affected by the action.

(Amended by Stats. 2004, Ch. 227, Sec. 10. Effective August 16, 2004.)

405.21.
  

An attorney of record in an action may sign a notice of pendency of action. Alternatively, a judge of the court in which an action that includes a real property claim is pending may, upon request of a party thereto, approve a notice of pendency of action. A notice of pendency of action shall not be recorded unless (a) it has been signed by the attorney of record, (b) it is signed by a party acting in propria persona and approved by a judge as provided in this section, or (c) the action is subject to Section 405.6.

(Amended by Stats. 1994, Ch. 146, Sec. 20. Effective January 1, 1995.)

405.22.
  

Except in actions subject to Section 405.6, the claimant shall, prior to recordation of the notice, cause a copy of the notice to be mailed, by registered or certified mail, return receipt requested, to all known addresses of the parties to whom the real property claim is adverse and to all owners of record of the real property affected by the real property claim as shown by the latest county assessment roll. If there is no known address for service on an adverse party or owner, then as to that party or owner a declaration under penalty of perjury to that effect may be recorded instead of the proof of service required above, and the service on that party or owner shall not be required. Immediately following recordation, a copy of the notice shall also be filed with the court in which the action is pending. Service shall also be made immediately and in the same manner upon each adverse party later joined in the action.

(Amended by Stats. 2004, Ch. 227, Sec. 11. Effective August 16, 2004.)

405.23.
  

Any notice of pendency of action shall be void and invalid as to any adverse party or owner of record unless the requirements of Section 405.22 are met for that party or owner and a proof of service in the form and content specified in Section 1013a has been recorded with the notice of pendency of action.

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

405.24.
  

From the time of recording the notice of pendency of action, a purchaser, encumbrancer, or other transferee of the real property described in the notice shall be deemed to have constructive notice of the pendency of the noticed action as it relates to the real property and only of its pendency against parties not fictitiously named. The rights and interest of the claimant in the property, as ultimately determined in the pending noticed action, shall relate back to the date of the recording of the notice.

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

CCPCode of Civil Procedure - CCP