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Code of Civil Procedure - CCP - CCP § 404.9

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 405

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 405

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

Code of Civil Procedure - CCP - CCP § 405.1

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 405.2

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 405.20

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 405.21

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 405.22

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 405.23

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 not

Code of Civil Procedure - CCP - CCP § 405.24

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 o

Code of Civil Procedure - CCP - CCP § 405.3

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 405.30

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 sha

Code of Civil Procedure - CCP - CCP § 405.31

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 a real property claim. The court shall not order an undertaking to be given as a condition of expunging the notice where

Code of Civil Procedure - CCP - CCP § 405.32

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 preponderance of the evidence the probable validity of the real property claim. The court shall not order an undertaking to be given

Code of Civil Procedure - CCP - CCP § 405.33

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 adequate relief can be secured to the claimant by the giving of an undertaking. The expungement order shall be condition

Code of Civil Procedure - CCP - CCP § 405.34

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 to expunge has been filed, the court may, upon motion by any person with an interest in the property, require the claima

Code of Civil Procedure - CCP - CCP § 405.35

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 which a petition for writ of mandate may be filed pursuant to Section 405.39 has expired. No order expunging a notice of pend

Code of Civil Procedure - CCP - CCP § 405.36

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 the court in which the action is pending.

Code of Civil Procedure - CCP - CCP § 405.37

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 pursuant to Section 405.33 or 405.34 or pursuant to a stipulation made in lieu of such an order. An order of the court under thi

Code of Civil Procedure - CCP - CCP § 405.38

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 motion unless the court finds that the other party acted with substantial justification or that other circumstances make

Code of Civil Procedure - CCP - CCP § 405.39

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 the proper reviewing court to review the order by writ of mandate. The petition for writ of mandate shall be filed and se

Code of Civil Procedure - CCP - CCP § 405.4

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 st

Code of Civil Procedure - CCP - CCP § 405.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 405.50

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 of the recorder in which the notice of pendency was recorded a notice of withdrawal executed by the party who recorded t

Code of Civil Procedure - CCP - CCP § 405.6

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 wit

Code of Civil Procedure - CCP - CCP § 405.60

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 pendency of action pursuant to this title, neither the notice nor any information derived from it, prior to the recording of