Withdrawal of Civil Actions

Code of Civil Procedure – CCP

PART 2. OF CIVIL ACTIONS [307 – 1062.34]

( Part 2 enacted 1872. )

TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 – 405.61]

( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. )

CHAPTER 4. Withdrawal [405.50- 405.50.]

( Heading of Chapter 4 redesignated from Article 4 by Stats. 1994, Ch. 146, Sec. 22. )

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any time after notice of pendency of an action has been recorded pursuant to this title or other law, the notice may be withdrawn by recording in the office of the recorder in which the notice of pendency was recorded a notice of withdrawal executed by the party who recorded the notice of pendency of action or by the party’s successor in interest. The notice of withdrawal shall be acknowledged.

CHAPTER 5. Effect of Withdrawal or Expungement of Notice [405.60 – 405.61]

( Heading of Chapter 5 redesignated from Article 5 by Stats. 1994, Ch. 146, Sec. 23. )

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 a certified copy of the judgment or decree issued in the action, shall constitute actual or constructive notice of any of the matters contained, claimed, alleged, or contended therein, or of any of the matters related to the action, or create a duty of inquiry in any person thereafter dealing with the affected property.

(Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

405.61.

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, no person except a nonfictitious party to the action at the time of recording of the notice of withdrawal or order, who thereafter becomes, by conveyance recorded prior to the recording of a certified copy of the judgment or decree issued in the action, a purchaser, transferee, mortgagee, or other encumbrancer for a valuable consideration of any interest in the real property subject to the action, shall be deemed to have actual knowledge of the action or any of the matters contained, claimed, or alleged therein, or of any of the matters related to the action, irrespective of whether that person possessed actual knowledge of the action or matter and irrespective of when or how the knowledge was obtained.

It is the intent of the Legislature that this section shall provide for the absolute and complete free transferability of real property after the expungement or withdrawal of a notice of pendency of action.