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

Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2.

§§ 405–405.61 · 27 sections

1. CHAPTER 1. Definitions and General Provisions §§ 405–405.8 · 9 sections

   • § 405 The definitions in this chapter govern the construction of this title.
   • § 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.
   • § 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.
   • § 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…
   • § 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,…
   • § 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.
   • § 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…
   • § 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…
   • § 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…
2. CHAPTER 2. Recordation Service and Filing §§ 405.20–405.24 · 5 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
3. CHAPTER 3. Expungement and Other Relief §§ 405.30–405.39 · 10 sections

   • § 405.30 At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply…
   • § 405.31 In proceedings under this chapter, the court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain…
   • § 405.32 In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the claimant has not established by a…
   • § 405.33 In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the real property claim has probable validity, but…
   • § 405.34 Subject to the provisions of Sections 405.31 and 405.32, at any time after a notice of pendency of action has been recorded, and regardless of whether a motion…
   • § 405.35 No order expunging a notice of pendency of action shall be effective, nor shall it be recorded in the office of any county recorder, until the time within…
   • § 405.36 Once a notice of pending action has been expunged, the claimant may not record another notice of pending action as to the affected property without leave of…
   • § 405.37 After notice and hearing, for good cause and upon such terms as are just, the court may exonerate or modify any undertaking required by an order issued…
   • § 405.38 The court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney’s fees and costs of making or opposing the…
   • § 405.39 No order or other action of the court under this chapter shall be appealable. Any party aggrieved by an order made on a motion under this chapter may petition…
4. CHAPTER 4. Withdrawal § 405.50 · 1 section

   • § 405.50 At any time after notice of pendency of an action has been recorded pursuant to this title or other law, the notice may be withdrawn by recording in the office…
5. CHAPTER 5. Effect of Withdrawal or Expungement of Notice §§ 405.60–405.61 · 2 sections

   • § 405.60 Upon the withdrawal of a notice of pendency of action pursuant to Section 405.50 or upon recordation of a certified copy of an order expunging a notice of…
   • § 405.61 Upon the withdrawal of a notice of pendency of action pursuant to Section 405.50 or upon recordation of a certified copy of an order expunging a notice of…