"Probable validity," with respect to a real property claim, means that it is more likely than not that the claimant will obtain a judgment against the defendant on the claim.
§ 405.3.Probable Validity
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 405.3 defines “probable validity,” for a real property claim, as meaning it is more likely than not that the claimant will win a judgment against the defendant on that claim.
Full Text of § 405.3
Plain-English Summary
“Probable validity” sets the evidentiary bar a claimant must clear to keep a lis pendens on the property once it is challenged. The standard is a preponderance test: more likely than not that the claimant will prevail on the real property claim.
This definition does the real work in § 405.32, which requires expungement if the claimant has not established probable validity by a preponderance of the evidence, and in § 405.33, which lets a court keep a notice alive -- conditioned on an undertaking -- once probable validity is shown. Because real estate disputes can turn on close factual questions, this standard often turns expungement hearings into evidence-based disputes, with declarations and sometimes live testimony under § 405.30.
Frequently Asked Questions
What does “probable validity” mean for a lis pendens in California?
Under § 405.3, it means it is more likely than not that the claimant will obtain a judgment against the defendant on the real property claim -- a preponderance-of-the-evidence standard.
Who has to prove probable validity when a lis pendens is challenged?
What happens if a claimant cannot show probable validity?
Under § 405.32, the court must order the notice expunged, and it cannot condition that expungement on the moving party posting an undertaking.
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: probable validity lis pendens standardpreponderance of evidence lis pendens