The filing and recording of a lis pendens is often times a civil mechanism used in real property disputes. Before filing a lis pendens, a litigant should understand his/her burden of proof if and when the lis pendens is challenged by an opponent. Opponents to a lis pendens will file a Motion To Expunge the Lis Pendens and should they prevail, they may be entitled to attorney fees. Thus, the filing and recording of a lis pendens is not without consequence.
A court will not expunge a lis pendens if the filer can prove, by a preponderance of the evidence, the probable validity of their real property claim. See C.C.P. § 405.32. “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.” See C.C.P. § 405.3. Thus, a real property claim should be carefully scrutinized for its probable validity prior to the filing and recording of a lis pendens.
If you have questions regarding a real estate matter, contact one of our Los Angeles Real Estate Attorneys for a free consultation and case evaluation.