Except in actions subject to Section 405.6, the claimant shall, prior to recordation of the notice, cause a copy of the notice to be mailed, by registered or certified mail, return receipt requested, to all known addresses of the parties to whom the real property claim is adverse and to all owners of record of the real property affected by the real property claim as shown by the latest county assessment roll. If there is no known address for service on an adverse party or owner, then as to that party or owner a declaration under penalty of perjury to that effect may be recorded instead of the proof of service required above, and the service on that party or owner shall not be required. Immediately following recordation, a copy of the notice shall also be filed with the court in which the action is pending. Service shall also be made immediately and in the same manner upon each adverse party later joined in the action.
§ 405.22.Mailing Copy of Notice In Action Asserting Real Property Claim
Title 4.5. Recording Notice of Certain Actions · Chapter 2. Recordation Service and Filing · Last amended 2004 · Last verified July 28, 2026
In one sentenceSection 405.22 requires the claimant, before recording, to mail a copy of the notice by registered or certified mail, return receipt requested, to every known adverse party and every owner of record shown on the latest assessment roll, then file a copy with the court immediately after recording.
Full Text of § 405.22
Plain-English Summary
Recording alone does not finish the job -- the claimant also has to tell the people the notice affects. Before recordation, the claimant must mail a copy of the notice, by registered or certified mail with a return receipt requested, to every known address of parties adverse to the real property claim and to every owner of record as shown on the latest county assessment roll.
If the claimant has no known address for a particular adverse party or owner, the statute provides a substitute: a declaration under penalty of perjury attesting to that fact can stand in for proof of service as to that person, and service on them is excused. Once recorded, a copy of the notice must be filed with the court immediately, and any adverse party who joins the action later must be served in the same manner right away.
Frequently Asked Questions
Does a claimant have to notify anyone before recording a lis pendens in California?
Yes. Section 405.22 requires mailing a copy of the notice, by registered or certified mail with return receipt requested, to known adverse parties and owners of record before recordation.
What if the claimant does not know an adverse party's address?
Section 405.22 allows a declaration under penalty of perjury attesting to that fact to substitute for proof of service, and excuses service on that person.
Does the claimant have to do anything with the court after recording the notice?
Yes. Section 405.22 requires filing a copy of the notice with the court immediately following recordation, and serving any adverse party joined later in the same manner.
Amendment History
Amended by Stats 2004 ch 227 (SB 1102),s 11, eff. 8/16/2004.
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: lis pendens mailing requirement californianotice of pendency service by mail