"Notice of pendency of action" or "notice" means a notice of the pendency of an action in which a real property claim is alleged.
§ 405.2.Notice of Pendency of Action Or Notice
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 405.2 defines “notice of pendency of action” or “notice” -- the formal name for what is commonly called a lis pendens -- as a recorded notice that a real property claim is alleged in a pending action.
Full Text of § 405.2
Plain-English Summary
This is the definition behind the term most people know as a lis pendens. California's statute does not use that Latin phrase in its operative text; it calls the document a “notice of pendency of action,” shortened to “notice” throughout the rest of the title.
The definition is narrow: a document only counts as a notice under this title if it gives notice of a pending action in which a real property claim -- defined in § 405.4 -- is alleged. A recorded notice tied to a case that does not allege a real property claim is not a notice within the meaning of this chapter, which is exactly the gap § 405.31 lets a court act on when ruling on a motion to expunge.
Frequently Asked Questions
Is “lis pendens” the official legal term used in the California statute?
No. The statute defines the document as a “notice of pendency of action,” or “notice” for short, in § 405.2; “lis pendens” is the traditional label commonly used in practice.
What has to be true of the underlying lawsuit for a document to be a “notice” under this title?
The action must allege a real property claim, as defined in § 405.4. A recorded notice in a case without one is not a notice within the meaning of this title.
Where does the recording procedure for a notice of pendency of action begin?
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: notice of pendency of action definitionwhat is a lis pendens california