California Release of Notice of Pending Action

In California, the document notifying a property owner and the public about a pending lawsuit regarding that property, is called a Notice of Pending Action. The statutes primarily governing the recording of a notice of pendency of action are found at Code Civil Procedure, sections 405--405.61.

What happens, though, when the case is resolved? At that point, the plaintiff (individual who filed the suit) files a release. This action serves as notice of the resolution and clears the title. The Release of Notice of Pending Action in California is governed by the provisions of Code of Civ. Proc. section 405.50.

The release form identifies the parties and the property. It includes references to the pending lawsuit and the relevant dates. Before recording, the release form must be signed, in the presence of a notary public or other authorized official, by the party that recorded the original notice of pending action, or their successor in interest. Submit the release to the office of the recorder for the county in which the original lis pendens was recorded.

Lawsuits can be complicated, and even small errors can affect the outcome of a case. Please contact an attorney with questions about using the Release of Notice of Pending Action, or for any other issues related to real property in California.

(California Release of Pending Action Package includes form, guidelines, and completed example)