§ 405.23.Void Or Invalid Notice

Title 4.5. Recording Notice of Certain Actions · Chapter 2. Recordation Service and Filing · Enacted 1992 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 405.23 makes a notice of pendency void and invalid as to any adverse party or owner of record unless the mailing requirements of Section 405.22 were met for that person and a proof of service in the form required by Section 1013a was recorded along with the notice.

Full Text of § 405.23

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Any notice of pendency of action shall be void and invalid as to any adverse party or owner of record unless the requirements of Section 405.22 are met for that party or owner and a proof of service in the form and content specified in Section 1013a has been recorded with the notice of pendency of action.

Plain-English Summary

Section 405.23 gives teeth to the mailing requirement in § 405.22. If the claimant did not mail the notice to a particular adverse party or owner of record as that section requires, or did not record a proof of service in the form specified by § 1013a, the notice is void and invalid as to that person -- even though it may still be validly recorded as to others.

This person-by-person voiding matters in practice: a service problem with one owner does not necessarily doom the notice as to every party, but it does mean the notice cannot be relied on as constructive notice against the party who was not properly served.

Frequently Asked Questions

What makes a California lis pendens void as to a particular party?

Under § 405.23, the notice is void and invalid as to any adverse party or owner of record if the claimant did not satisfy § 405.22's mailing requirements for that person and record proof of service in the § 1013a form.

Does a defect in service on one owner void the entire notice?

Section 405.23 voids the notice only as to the adverse party or owner who was not properly served; it does not, on its own terms, invalidate the notice as to parties who were properly served.

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: void lis pendens californiainvalid notice of pendency