§ 765.010.Use of Lien Or Lis Pendens to Harass of Hinder Duties of Public Officer Or Employee
Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 6. Liens and Encumbrances · Enacted 2015 · no amendments on record · Last verified July 28, 2026
Full Text of § 765.010
Plain-English Summary
This section starts a separate, targeted article aimed at a specific abuse: fake liens or lawsuits filed to harass someone, especially public officers and employees doing their jobs. Subdivision (a) defines “harass” as knowing and willful conduct that serves no legitimate purpose, and defines “entity” to include both government and private entities.
Subdivision (b) states the prohibited conduct itself: filing or recording, or directing someone else to file or record, a lawsuit, lien, or other encumbrance — including a lis pendens — against a person or entity, knowing it's false, with intent to harass that person or entity, or to influence or hinder a public officer or employee in carrying out official duties.
Subdivision (c) gives the victim a fast path to relief. A person or entity whose property carries a lien or encumbrance placed in violation of this section can petition the superior court — in the county of residence or where the property sits — for an order, obtainable ex parte, directing the claimant to appear and show cause why the lien shouldn't be struck and other relief granted. The court has to schedule that hearing no sooner than 14 days out, leaving enough time for proper notice.
Frequently Asked Questions
What counts as “harassment” under this quiet title chapter provision?
Knowing and willful conduct that serves no legitimate purpose, as defined in § 765.010(a).
Can someone be liable for filing a false lien against a public employee?
Yes, if it's filed knowing it's false and with intent to harass the person or to influence or hinder that person's official duties.
How does a victim of a bad-faith lien or lis pendens get relief?
By petitioning the superior court, which may issue an ex parte order directing the claimant to appear and show cause why the lien shouldn't be struck, with the hearing scheduled at least 14 days out.
Does this section only protect public officials?
No. It protects any person or entity targeted by a knowingly false lien or lawsuit filed with intent to harass, though the official-duties language specifically addresses public officers and employees.
Amendment History
Added by Stats 2015 ch 208 (AB 1267),s 2, eff. 1/1/2016.