No order or other action of the court under this chapter shall be appealable. Any party aggrieved by an order made on a motion under this chapter may petition the proper reviewing court to review the order by writ of mandate. The petition for writ of mandate shall be filed and served within 20 days of service of written notice of the order by the court or any party. The court which issued the order may, within the initial 20-day period, extend the initial 20-day period for one additional period not to exceed 10 days. A copy of the petition for writ of mandate shall be delivered to the clerk of the court which issued the order with a request that it be placed in the court file.
§ 405.39.Petition For Writ of Mandate
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 405.39 makes an order on a chapter motion non-appealable, requires an aggrieved party to seek review by petition for writ of mandate filed and served within 20 days of notice of the order, and allows the issuing court to extend that period once, by up to 10 additional days.
Full Text of § 405.39
Plain-English Summary
Orders on expungement-chapter motions do not go up on ordinary appeal. Section 405.39 makes clear that no order or other action of the court under this chapter is appealable; the only avenue for review is a petition for writ of mandate to the proper reviewing court.
That petition runs on a tight clock: it must be filed and served within 20 days of service of written notice of the order, whether that notice comes from the court or from a party. The issuing court can extend the initial 20-day window once, for an additional period not to exceed 10 days, but there is no broader discretion beyond that single extension. A copy of the petition also has to reach the clerk of the issuing court, with a request that it go into the court file.
This tight timeline connects directly to § 405.35: the expungement order cannot take effect or be recorded until the 20-day (or extended) window has run, and if a petition is filed in time, the order stays on hold until the writ proceeding is finally decided.
Frequently Asked Questions
Can I appeal an order granting or denying a motion to expunge a lis pendens in California?
No. Section 405.39 makes orders under this chapter non-appealable; the only review path is a petition for writ of mandate to the proper reviewing court.
How long do I have to file a writ petition challenging an expungement order?
Section 405.39 requires the petition to be filed and served within 20 days of service of written notice of the order, which the issuing court may extend once by up to 10 additional days.
What happens to the expungement order while the writ petition is pending?
Under § 405.35, the order does not take effect or get recorded until the writ proceeding under § 405.39 is finally adjudicated.
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: appeal lis pendens expungement orderwrit of mandate lis pendens 20 dayspetition for writ of mandate expungement order