At the time of filing the complaint the plaintiff, and at the time of filing his or her answer every defendant claiming any affirmative relief, shall record in the office of the recorder of the county in which the property is situated a notice of the pendency of the action containing the object of the action or defense, and a particular description of the property affected by it. The recorder shall record the notice in the same manner as provided in Section 409.
§ 751.13.Recording Notice of Pendency of Action
Title 10. Actions In Particular Cases · Chapter 3.5. Actions to Re-establish Destroyed Land Records · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 751.13 requires the plaintiff, when filing the complaint, and any defendant seeking affirmative relief, when filing an answer, to record a notice of the pendency of the action describing its object and the affected property, recorded by the county recorder the same way as under § 409.
Full Text of § 751.13
Plain-English Summary
This section puts the world of prospective buyers and lienholders on notice that title to the property is being litigated. At the time the complaint is filed, the plaintiff must record a notice of pendency of the action — describing the object of the action and particularly describing the affected property — in the county recorder's office where the property sits.
Any defendant who answers seeking affirmative relief has the same obligation when filing that answer. The recorder records these notices the same way § 409 requires for lis pendens notices generally, so the recording mechanics are the familiar ones used across California civil litigation, not a special procedure unique to this chapter.
Frequently Asked Questions
Who must record a notice of pendency of the action, and when?
The plaintiff, when filing the complaint, and any defendant seeking affirmative relief, when filing an answer.
What must the notice contain?
The object of the action or defense, and a particular description of the property affected by it.
How is the notice recorded?
The county recorder records it the same way notices of pendency are recorded under § 409.
Amendment History
Amended by Stats. 1982, Ch. 843, Sec. 1.
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: lis pendens destroyed land records action california