Lis Pendens in California

Part 2, Title 10.5, Chapter 2, Article 1 of the Code of Civil Procedure deals with “lis pendens” actions in the partition of real and personal property.

Section 872.210 authorizes a partition action to be commenced and maintained by any of the two specified persons.

Section 872.220 specifies that, if it is necessary to have a title report, the plaintiff or court may procure a title report.

Section 872.230 requires the complaint to include five specified items of information.

Section 872.240 provides that real and personal property may be partitioned in one action.

Section 872.250 requires the plaintiff to record a notice of the pendency of the action in the office of the county recorder of each county in which any real property described in the complaint is located. If the notice is not recorded, the court, upon its own motion or upon the motion of any party at any time, must order the plaintiff or person seeking partition of the property, or another party on behalf of the plaintiff or other person, to record the notice and stay the action until the notice is recorded.