An attorney of record in an action may sign a notice of pendency of action. Alternatively, a judge of the court in which an action that includes a real property claim is pending may, upon request of a party thereto, approve a notice of pendency of action. A notice of pendency of action shall not be recorded unless
§ 405.21.Signing Notice; Approval of Notice By Judge
Title 4.5. Recording Notice of Certain Actions · Chapter 2. Recordation Service and Filing · Last amended 1995 · Last verified July 28, 2026
In one sentenceSection 405.21 requires a notice of pendency of action to be signed by the attorney of record, or -- if the party is self-represented -- signed by the party and approved by a judge, before it may be recorded, unless the action falls under Section 405.6's eminent domain exception.
Full Text of § 405.21
Plain-English Summary
Because recording a lis pendens can cloud title and complicate a sale or refinance, the statute puts a gatekeeper in front of the recording step. An attorney of record in the action may sign the notice on the claimant's behalf. A self-represented party cannot record a notice on their own signature alone -- they need a judge of the court where the action is pending to approve the notice after they sign it.
The section lists these as the only paths to a valid recording: signature by counsel of record, signature by a self-represented party plus judicial approval, or an action that falls under § 405.6's separate eminent domain procedure. A notice that does not fit one of the three is not properly recorded.
Frequently Asked Questions
Can I record a lis pendens in California without a lawyer?
Yes, but only after a judge of the court where the action is pending approves the notice; § 405.21 does not let a self-represented party record on their own signature alone.
Who signs a notice of pendency of action when the claimant has an attorney?
The attorney of record in the action may sign it under § 405.21, without needing separate judicial approval.
Why does Section 405.21 require judicial approval for self-represented claimants?
The requirement screens out notices that lack the professional oversight an attorney of record would otherwise provide, given how disruptive an improperly recorded notice can be to a property's marketability.
Amendment History
Amended by Stats. 1994, Ch. 146, Sec. 20. Effective January 1, 1995.
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 can sign a lis pendens californiajudge approval lis pendens self represented