In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the claimant has not established by a preponderance of the evidence the probable validity of the real property claim. The court shall not order an undertaking to be given as a condition of expunging the notice if the court finds the claimant has not established the probable validity of the real property claim.
§ 405.32.Claimant Has Not Established Probable Validity of Real Property Claim
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 405.32 requires a court to expunge a notice of pendency if the claimant has not established, by a preponderance of the evidence, the probable validity of the real property claim, and bars conditioning that expungement on an undertaking.
Full Text of § 405.32
Plain-English Summary
Where § 405.31 asks whether a real property claim exists on the face of the pleading, § 405.32 asks whether it holds up on the evidence. If the claimant cannot show, by a preponderance of the evidence, that it is more likely than not the claimant will prevail on the real property claim -- the “probable validity” standard defined in § 405.3 -- the court must expunge the notice.
As with § 405.31, the court has no authority to soften that result with an undertaking. An undertaking is a tool for cases where the claim has enough merit to warrant keeping the notice alive on a conditional basis; where the claimant cannot clear the probable-validity bar at all, § 405.32 requires expungement outright instead.
Frequently Asked Questions
What is the standard for keeping a lis pendens in place once it is challenged?
Under § 405.32, the claimant must establish, by a preponderance of the evidence, the probable validity of the real property claim, or the court must expunge the notice.
Can a court let the claimant keep a lis pendens by posting a bond even without showing probable validity?
No. Section 405.32 bars the court from conditioning expungement on an undertaking when the claimant has not established probable validity.
What is the difference between expungement under Section 405.31 and Section 405.32?
Section 405.31 looks at whether the pleading states a real property claim at all; § 405.32 looks at whether the claimant has proven that claim's probable validity on the evidence.
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: expunge lis pendens probable validityburden of proof lis pendens expungement