At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the party brings the motion to expunge the notice. Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.
§ 405.30.Application to Expunge Notice; Intervention By Person Not Party to Action; Evidence; Burden of Proof
Title 4.5. Recording Notice of Certain Actions · Chapter 3. Expungement and Other Relief · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 405.30 lets any party, or any nonparty with an interest in the affected property, move to expunge a recorded notice at any time -- with a nonparty first obtaining leave to intervene -- and places the burden of proof on the claimant under Sections 405.31 and 405.32.
Full Text of § 405.30
Plain-English Summary
Expungement is the mechanism for removing a lis pendens that should not be clouding title, and § 405.30 opens the door to it broadly. Any party to the action can move to expunge at any time after the notice is recorded, and so can a nonparty with an interest in the property -- a prospective buyer or lender, for instance -- though a nonparty must first get leave from the court to intervene, either before or at the same time as bringing the motion.
The section is flexible on process: evidence or declarations may be filed with the motion, the court may take oral testimony, and the court may issue whatever discovery orders it thinks just for a party affected by the motion. What is not flexible is who carries the burden -- the claimant, under both § 405.31 (does the pleading state a real property claim) and § 405.32 (has the claimant shown probable validity).
Frequently Asked Questions
Who can move to expunge a lis pendens in California?
Under § 405.30, any party to the action can move to expunge, and so can a nonparty with an interest in the affected real property, though a nonparty must first obtain leave to intervene.
Who has the burden of proof on a motion to expunge a lis pendens?
Can a court hear live testimony on a motion to expunge?
Yes. Section 405.30 lets the court permit evidence in the form of oral testimony and issue discovery orders it deems just for an affected party.
Is there a deadline for moving to expunge a notice of pendency of action?
No. Section 405.30 allows the motion to be brought at any time after the notice has been 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: motion to expunge lis pendens californiahow to expunge a lis pendensintervene motion to expunge notice of pendency