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Recording a Lis Pendens in California

August 22, 2024 | By
Lis Pendens in California

Introduction

In California, the filing of a civil lawsuit involving real estate often necessitates the recording of a lis pendens, also known as a Notice of Pendency of Action. This legal document serves as a critical tool in real estate litigation, notifying all interested parties and the public that the property in question is subject to ongoing legal proceedings. Recording a lis pendens can have significant implications for the property, so it’s essential to understand the proper protocol for its use.

What is a Lis Pendens?

A lis pendens is a written notice that a lawsuit has been filed concerning real property or an interest in real property. The term “lis pendens” is Latin for “suit pending.” When recorded with the county recorder’s office, the lis pendens becomes

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Posted In: Attorney Resources, Blog, Civil Procedure

Quiet Title Actions Explained

May 20, 2024 | By

The purpose of a quiet title action is to establish title against adverse claims to real property or any interest in the property. [Code Civ. Proc. §760.020] The remedy of quiet title can be combined with other causes of action or other remedies. In an action or proceeding in which establishing or quieting title to property is in issue, the court may, in its discretion and on the motion of any party, require that the issue be resolved pursuant to the Code Civ. Proc. provisions relating to quiet title actions. [Code Civ. Proc. §760.030]

Jurisdiction

A quiet title action must be brought in the superior court of the county in which the real property is located. Once the action is before the court, the court has complete power to determine …

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Posted In: Blog, Quiet Title Actions, Real Estate Litigation

Equitable Easements in California: Insights from Romero v. Shih

May 17, 2024 | By

In the notable case of Romero v. Shih, the California Court of Appeal dealt with a failed lot line adjustment and its transformation into an equitable easement, providing a significant learning point for legal professionals, especially those in real estate and property law.

Background of the Case

The case revolved around two adjacent residential lots that had been under the same ownership since 1941. An attempt was made to adjust the lot lines to prevent practical issues with a driveway on the narrower lot. Despite initiating the process, including obtaining a zoning variance and preparing a new map, the adjustment was never formally recorded. This oversight led to subsequent ownership disputes when the lots were sold, using the original legal descriptions, and new owners found discrepancies in the lot …

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Posted In: Blog, Easement and Encroachment Actions, Real Estate Litigation