Can You Remove or Expunge a Lis Pendens in California? Process and Legal Requirements

If you’re involved in a California real estate or probate dispute, you may encounter a legal term that can cloud title and block transactions: Lis Pendens. But what if someone files one against your property unfairly? Can you remove it?

Yes—California law allows you to remove or “expunge” a lis pendens under certain circumstances. This article explains what a lis pendens is, when it can be challenged, and how to go about having it removed.

What Is a Lis Pendens?

A lis pendens (Latin for “pending lawsuit”) is a notice recorded with the county recorder’s office that warns potential buyers or lenders that the property is subject to a legal dispute.

In probate or trust cases, a lis pendens is often used when there’s:

• A dispute over ownership of inherited real estate

• A petition to enforce trust terms or set aside a fraudulent transfer

• Allegations of undue influence or breach of fiduciary duty involving real property

While a lis pendens does not block a sale outright, it often discourages title companies and banks from proceeding until the lawsuit is resolved.

When Can a Lis Pendens Be Expunged?

Under California Code of Civil Procedure §§ 405.30–405.39, you may request a court order to expunge a lis pendens if:

• The legal action does not involve a real property claim, or

• The claim lacks probable validity, meaning it is weak or unlikely to succeed

This process involves filing a motion to expunge lis pendens in the court where the lawsuit is pending. If successful, the judge will order the notice removed from the county records.

Grounds for Expungement

To successfully remove a lis pendens, the moving party (typically the property owner) must show:

• The complaint does not assert a real property claim, or

• The claimant cannot establish probable cause to believe they will win

• Procedural defects (e.g., failure to serve the notice properly)

The burden of proof is on the person who filed the lis pendens to justify keeping it in place.

Can You Be Awarded Attorney’s Fees?

Yes. If the court grants the motion to expunge, it may also award the moving party reasonable attorney’s fees and costsincurred in challenging the lis pendens—particularly if the filing was improper or abusive.

What Happens After Expungement?

If the court orders the lis pendens expunged:

• The order must be recorded with the county recorder to clear the cloud on title

• The claimant may still proceed with their lawsuit, but without the leverage of the lis pendens

• You may move forward with refinancing, selling, or transferring the property

If the lis pendens is not expunged, it remains in place until the case concludes or is otherwise dismissed.

Why It Matters in Probate and Trust Litigation

In trust and estate disputes, lis pendens filings are sometimes used strategically to delay property sales or pressure settlements. While they are legitimate in some cases, they can also be abused.

If a lis pendens is improperly recorded against your inherited or trust property, it can block your rights and cause financial harm—which is why swift legal action may be necessary.

Final Thoughts

A lis pendens can be a powerful legal tool, but it is not untouchable. California law allows parties to seek removal through a court-approved expungement process, especially if the underlying claim is weak or irrelevant to the property itself.

Need to Expunge a Lis Pendens?

At Moravec, Varga & Mooney, we represent heirs, beneficiaries, and trustees in real estate and probate litigation. If your property is tied up by a lis pendens or you need to defend a legitimate claim, our attorneys can help you protect your rights.

📞 Contact us today to schedule a consultation and resolve your property dispute.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

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