"Claimant" means a party to an action who asserts a real property claim and records a notice of the pendency of the action.
§ 405.1.Claimant
Title 4.5. Recording Notice of Certain Actions · Chapter 1. Definitions and General Provisions · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 405.1 defines “claimant” as a party to an action who asserts a real property claim and records a notice of the pendency of that action, tying the label to both alleging the claim and recording the notice.
Full Text of § 405.1
Plain-English Summary
A “claimant” under this title is not just anyone with an interest in a lawsuit touching real property. The definition requires two things at once: the person must be a party who asserts a real property claim in the case, and that same person must be the one who records the notice of pendency against the property.
This dual requirement matters in the expungement chapter, where the claimant carries the burden of proving the claim's probable validity (§ 405.32) and can be ordered to post an undertaking to keep the notice alive (§ 405.34). A party with an interest in the litigation who never recorded a notice is not a “claimant” for purposes of those obligations.
Frequently Asked Questions
Who counts as a “claimant” for lis pendens purposes in California?
Under § 405.1, a claimant is a party to the action who asserts a real property claim and records a notice of pendency of the action against the affected property.
Can someone be a claimant without recording a notice of pendency?
No. Section 405.1 ties the claimant label to the act of recording the notice, not merely to asserting a real property claim in the pleadings.
Why does the definition of “claimant” matter on an expungement motion?
Because the expungement statutes place the burden of proving the claim's probable validity on the claimant, identifying who holds that role decides who must come forward with evidence.
Amendment History
Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: who is a claimant lis pendenscalifornia lis pendens claimant definition