Recordation Service in Civil Actions

The California Code of Civil Procedure, in Part 2, Title 4.5, Chapter 2, concerns recordation service and filing in certain civil actions.

Section 405.20 provides that 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 has to contain specified information.

Section 405.21 states that 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, approve a notice of pendency of action. A notice of pendency of action cannot be recorded unless three requirements are met.

Section 405.22 specifies that, except in certain actions, a claimant is required, prior to recordation of the notice, cause a copy of the notice to be mailed, by registered or certified mail to all known addresses of the parties to whom the real property claim is adverse and to all owners of record of the real property affected by the real property claim as shown by the latest county assessment roll.

Section 405.23 prohibits any notice of pendency of action 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 has been recorded with the notice of pendency of action.

Section 405.24 states that, 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 is deemed to have constructive notice of the pendency of the noticed action as it relates to the real property and only of its pendency against parties not fictitiously named.