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Last Modified on Jul 17, 2026
A lis pendens can bring a real estate transaction to a complete stop. Once recorded, it puts every prospective buyer, lender, and title company on notice that the property is tied up in litigation — and in our experience, that notice alone is often enough to kill a pending sale or refinance, regardless of whether the underlying lawsuit has any merit. We regularly hear from property owners who only learn that a lis pendens has been recorded against their title when an escrow officer calls to say the deal is off.
The good news is that California law gives property owners a real mechanism to challenge a lis pendens that was recorded improperly or without legal basis. That mechanism is called expungement, and it can often be resolved on a motion — without waiting for the underlying case to run its course.
What Is a Lis Pendens?
A lis pendens (Latin for “pending lawsuit”) is a notice recorded with the county recorder stating that a lawsuit is pending which affects title to, or the right to possession of, a specific piece of real property. See Cal. Code Civ. Proc. § 405.20. Once recorded, the lis pendens becomes part of the public record and gives constructive notice to anyone who might otherwise buy the property, lend against it, or take an interest in it without knowledge of the dispute.
Not every lawsuit that happens to touch a piece of real property qualifies. The underlying action must assert a genuine “real property claim” — a cause of action that would, if successful, affect title to or possession of the property itself. Common examples include quiet title actions, partition actions, claims to set aside a fraudulent transfer, and disputes over an easement or boundary. Some of these claims (quiet title and partition actions among them) actually require a lis pendens to be recorded as part of the case.
A run-of-the-mill breach of contract or money claim, on the other hand, generally will not support a lis pendens — even if the dispute happens to involve a piece of real estate somewhere in the background.
Why a Recorded Lis Pendens Is Such a Powerful — and Sometimes Abused — Tool
Because a recorded lis pendens clouds title, it functions as significant leverage in litigation. Title companies will not insure over an unresolved lis pendens, lenders will not fund a refinance, and most buyers will not close escrow on a property with an open notice of pending litigation on record. In practice, this means the mere recording of a lis pendens can force a property owner to the negotiating table, whether or not the claim against the property is ultimately valid.
California courts have long recognized that this leverage can be misused. Some claimants record a lis pendens not because they have a genuine real property claim, but as pressure to extract a settlement on an otherwise weak case. Expungement exists precisely to police that abuse.
The Expungement Remedy
Any party to the underlying action, or any non-party with an interest in the affected property, may bring a motion to expunge a recorded lis pendens. See Cal. Code Civ. Proc. § 405.30. Because the statute places the burden on the party who recorded the notice — not the party challenging it — a motion to expunge can be one of the more efficient tools in real estate litigation. Rather than waiting years for a case to reach trial, a property owner can bring the fight to a head early, on a focused motion addressed solely to the propriety of the recording.
There are five independent grounds on which a court may expunge a lis pendens. A claimant only needs to lose on one of them for the notice to come off title.
Ground One: The Underlying Case Does Not Assert a Real Property Claim
Before anything else, the court examines the pleadings to determine whether the lawsuit actually involves a claim affecting title to or possession of real property. Cal. Code Civ. Proc. § 405.31. If it doesn’t — for instance, if the complaint really states a claim for money damages dressed up with references to a piece of real estate — the lis pendens is expunged as a matter of course, without the claimant even needing to put on evidence.
Ground Two: The Notice Itself Was Void or Invalid
A lis pendens can be expunged on purely procedural grounds if it was not properly served or recorded. California law requires the claimant to serve a copy of the notice, along with proof of service, on all known adverse parties before or promptly after recording. Cal. Code Civ. Proc. § 405.23. A claimant who cuts corners on service — or who fails to record the notice correctly in the first place — risks having the lis pendens thrown out regardless of the underlying merits of the case.
Ground Three: The Claimant Cannot Show Probable Validity
This is usually the ground that decides the motion. Once a motion to expunge is filed, the burden shifts to the claimant — the person who recorded the lis pendens — to prove, by a preponderance of the evidence, that the underlying real property claim is probably valid. Cal. Code Civ. Proc. §§ 405.30, 405.32. The court does not simply accept the allegations in the complaint; it weighs the evidence submitted by both sides and makes a genuine assessment of the merits.
In practical terms, this means a claimant cannot ride out a weak or speculative real property claim while keeping a cloud on someone’s title. If the evidence does not show the claimant is more likely than not to prevail, the lis pendens comes off — win or lose on the underlying case later.
Ground Four: Money Damages Would Adequately Compensate the Claimant
Even where a claimant has a valid real property claim, the lis pendens can still be expunged if the court finds that an award of money damages would adequately compensate the claimant for any injury. Cal. Code Civ. Proc. § 405.33. The rationale is straightforward: a lis pendens is an extraordinary remedy reserved for situations where the property itself — not just money — is genuinely at stake. If the claimant’s harm can be made whole with a check, the cloud on title is unnecessary.
In this situation, expungement is typically made conditional: the party moving to expunge must post an undertaking (essentially a bond) to protect the claimant in case the claimant later prevails on the underlying claim after the notice has already been removed.
Ground Five: The Claimant Fails to Post a Required Undertaking
Separately, a court may require a claimant to post an undertaking at any point after the lis pendens is recorded, as a condition of keeping the notice on title — whether or not a formal motion to expunge has been filed. Cal. Code Civ. Proc. § 405.34. If the court sets an undertaking and the claimant does not comply by the deadline the court sets, the lis pendens is automatically expunged, without any further hearing.
This provision gives property owners a second avenue of attack even in cases where the claimant’s underlying claim looks reasonably strong: if maintaining the notice poses real financial risk to the property owner, the court can require the claimant to put some skin in the game to keep it in place.
What This Means for Property Owners
If you own property that is subject to a recorded lis pendens, time matters. Escrow companies, lenders, and buyers will generally not move forward while the notice remains of record, so the practical cost of delay compounds quickly. Before assuming the notice must simply be waited out, it is worth having counsel evaluate:
- Whether the underlying complaint actually pleads a real property claim, or whether it is a money claim in disguise.
- Whether the notice was properly served and recorded under the statutory requirements.
- Whether the claimant can realistically prove probable validity of the claim with admissible evidence, not just allegations.
- Whether the dispute is really about money, in which case an undertaking may be the faster path to clearing title.
Because the burden sits with the party who recorded the notice, a well-prepared motion to expunge can resolve the issue in a matter of weeks rather than years — often well before the underlying case would otherwise be decided.
Tierney Law Group Handles Real Estate Title Disputes, Including Lis Pendens Expungement
Whether you are defending against a lis pendens that is clouding a sale or refinance, or evaluating whether a real property claim of your own supports recording one, the strategic decisions made early in the dispute often determine how quickly — and how favorably — the matter resolves.
Tierney Law Group, P.C. represents property owners and claimants in California real estate litigation, including motions to expunge and to record lis pendens notices. Tierney Law Group are licensed California attorneys, we can be reached at [email protected] or at 925-362-3364.
This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. The law applicable to your situation may differ based on specific facts and circumstances. Contact Tierney Law Group for advice about your particular matter.
