Once a notice of pending action has been expunged, the claimant may not record another notice of pending action as to the affected property without leave of the court in which the action is pending.
§ 405.36.Recording Another Notice After Notice Expunged
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 405.36 bars a claimant from recording another notice of pendency against the same property after one has been expunged, unless the court in which the action is pending grants leave.
Full Text of § 405.36
Plain-English Summary
Expungement is meant to be a real remedy, not a speed bump. Once a court has expunged a notice of pendency, § 405.36 stops the claimant from recording a fresh notice against the same property to reinstate the practical effect of the one that was just removed.
The claimant is not permanently barred, however -- the section allows a new notice with leave of the court in which the action is pending. That gives the court a checkpoint to confirm that circumstances have changed before the property is clouded again.
Frequently Asked Questions
Can a claimant record a new lis pendens after the first one is expunged?
Only with leave of the court in which the action is pending; § 405.36 otherwise bars recording another notice against the same property.
Why does Section 405.36 require court leave for a second notice?
It prevents a claimant from undoing an expungement order by re-recording, while still leaving a path to a new notice if the court finds it warranted.
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: recording new lis pendens after expunged