California Code of Civil Procedure. California
this chapter, any party may petition the appropriate reviewing court for a writ of mandate to require the court to make such order as the reviewing court finds appropriate. The superior court may, for good cause, and prior to the expiration of the initial 20-day period, extend the time for one additional period not to exceed 10 days.
(Amended by Stats. 1989, Ch. 1416, Sec. 13.)
404.7. Notwithstanding any other provision of law, the Judicial Council shall provide by rule the practice and procedure for coordination of civil actions in convenient courts, including provision for giving notice and presenting evidence.
(Added by Stats. 1972, Ch. 1162.)
404.8. Expenses of the assigned judge, other necessary judicial officers and employees, and facilities for cases coordinated under Section 404 shall be paid or reimbursed by the state from funds appropriated to the Judicial Council.
(Amended by Stats. 1996, Ch. 713, Sec. 7. Effective September 23, 1996.)
404.9. Any duties of the presiding judge specified in this chapter may be delegated by the presiding judge to another judge of the court.
(Amended by Stats. 2002, Ch. 784, Sec. 59. Effective January 1, 2003.)
TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS
CHAPTER 1.
Definitions and General Provisions
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.)
ARTICLE 3. Expungement and Other Relief
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 to the court in which the action is pending to expunge the notice. However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the party brings the motion to expunge the notice. Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.
(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
405.31. In proceedings under this chapter,