RulesofCivilProcedure.com Civil Procedure · Every State

§ 405.60.Notice and Information Recorded Deemed Not to Constitute Actual Or Constructive Notice

Title 4.5. Recording Notice of Certain Actions · Chapter 5. Effect of Withdrawal or Expungement of Notice · Enacted 1992 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 405.60 provides that, once a notice is withdrawn under Section 405.50 or a certified copy of an expungement order is recorded, neither the notice nor information from it constitutes actual or constructive notice of the matters it addressed, and creates no duty of inquiry, unless and until a certified copy of the judgment or decree in the action is recorded.

Full Text of § 405.60

Text size

Upon the withdrawal of a notice of pendency of action pursuant to Section 405.50 or upon recordation of a certified copy of an order expunging a notice of pendency of action pursuant to this title, neither the notice nor any information derived from it, prior to the recording of a certified copy of the judgment or decree issued in the action, shall constitute actual or constructive notice of any of the matters contained, claimed, alleged, or contended therein, or of any of the matters related to the action, or create a duty of inquiry in any person thereafter dealing with the affected property.

Plain-English Summary

This section erases the notice's effect on title once it is gone. After withdrawal under § 405.50, or once a certified copy of an order expunging the notice is recorded, the notice -- and anything derived from it -- stops constituting actual or constructive notice of the matters it claimed, alleged, or contended, and it stops creating any duty for a later party dealing with the property to inquire further.

That effect lasts only until a certified copy of the judgment or decree in the underlying action is recorded. Until then, someone examining title after a withdrawal or expungement can treat the property as if the notice, and the dispute it announced, never put them on notice at all.

Frequently Asked Questions

Does a withdrawn or expunged lis pendens still affect title to the property?

No. Under § 405.60, once withdrawn or expunged, the notice no longer constitutes actual or constructive notice of the matters it addressed, and creates no duty to inquire further.

Does the protection in Section 405.60 last forever?

No. It lasts only until a certified copy of the judgment or decree in the action is recorded; recording that judgment can revive the notice's practical significance to title.

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: effect of withdrawing lis pendensexpunged lis pendens no constructive notice