From the time of recording the notice of pendency of action, a purchaser, encumbrancer, or other transferee of the real property described in the notice shall be deemed to have constructive notice of the pendency of the noticed action as it relates to the real property and only of its pendency against parties not fictitiously named. The rights and interest of the claimant in the property, as ultimately determined in the pending noticed action, shall relate back to the date of the recording of the notice.
§ 405.24.Constructive 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 405.24 provides that, from the moment a notice of pendency of action is recorded, any later purchaser, encumbrancer, or transferee of the described property is deemed to have constructive notice of the pending action as to non-fictitiously-named parties, and the claimant's ultimate rights relate back to the recording date.
Full Text of § 405.24
Plain-English Summary
This section is where a validly recorded lis pendens gets its real power. Once recorded, anyone who later buys, takes a mortgage or other encumbrance on, or otherwise takes an interest in the described property is deemed to have constructive notice of the pending action -- meaning they cannot claim to be an innocent purchaser without knowledge of the lawsuit, even if they never saw the notice.
That constructive notice runs only as to the property described and only as to parties named in the action who are not fictitiously named (not Doe defendants who have not yet been identified). The second half of the section adds a relation-back rule: whatever rights and interest the claimant ultimately wins in the property, once the case is finally decided, relate back to the date the notice was recorded -- so a later transferee takes subject to the outcome of the case even though that outcome was not yet known when they acquired their interest.
Frequently Asked Questions
What does it mean for a lis pendens to give “constructive notice”?
Under § 405.24, anyone who later buys, encumbers, or otherwise takes an interest in the property is treated as knowing about the pending action, whether or not they saw the recorded notice.
Does a lis pendens give notice as to defendants sued under fictitious names?
No. Section 405.24 limits constructive notice to the action's pendency against parties who are not fictitiously named.
What is the “relation back” effect of a recorded notice of pendency?
Section 405.24 provides that the claimant's rights and interest in the property, as ultimately determined in the action, relate back to the date the notice was recorded.
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: lis pendens constructive noticerelation back doctrine lis pendens