What Is a Motion to Expunge a Lis Pendens—and Should You File One?

Part of our Litigation Insights Series:

• What Is the Litigation Process?
• What Is a Motion for Summary Judgment — and How Can It Help Your Case?

What Is a Motion to Expunge a Lis Pendens—and Should You File One?

A Motion to Expunge Lis Pendens is a strategic legal tool that helps property owners clear up legal disputes that could interfere with selling or refinancing their property. When a lis pendens (Latin for “pending lawsuit”) is filed against your property, it signals to the public—and any potential buyers—that ownership of the property is in dispute. This can severely limit your ability to sell or refinance.

What Is a Lis Pendens?

In California, a lis pendens—or Notice of Pendency of Action—is a recorded document that gives notice that a legal action involving real estate is pending. It protects a plaintiff’s interest in the property while the lawsuit is ongoing. However, if filed improperly or without merit, it can be a powerful weapon used to unfairly block a property owner’s ability to transfer or leverage their property.

When Is It Appropriate to File a Motion to Expunge?

You may consider filing a motion to expunge a lis pendens in these situations:

• The lawsuit has no valid real property claim. If the underlying case does not assert a legitimate claim affecting title or possession, the lis pendens may be improper.
• The lis pendens was filed incorrectly. A plaintiff must meet specific procedural requirements when recording a lis pendens. Failure to do so can be grounds for expungement.
• The plaintiff’s claim lacks merit. If the plaintiff cannot show a “probable validity” of success in their real estate claim, the court may grant your motion to expunge.
• You need to preserve your property’s market value or ability to sell. A lis pendens can deter buyers and depress property value. Expungement can lift that barrier.
• A bond or undertaking may suffice. In some cases, the court may allow expungement if the plaintiff posts a financial undertaking to protect the property owner.

Why It Matters

A lis pendens can freeze your ability to act on your property—delaying sales, scaring off buyers, and affecting your financial plans. If you’re dealing with a recorded lis pendens that seems unjustified or overly aggressive, filing a Motion to Expunge may be your best path forward.

At Kendall Law, we help property owners understand their options and act decisively to protect their rights. Contact our experienced team at Kendall Law or call 310-619-4941 to determine whether expunging a lis pendens is right for your situation.