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§ 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

In one sentenceSection 765.010 defines “harass” as knowing and willful conduct serving no legitimate purpose, bars filing or recording a lawsuit, lien, or other encumbrance against a person or entity known to be false with intent to harass or to influence or hinder a public officer's or employee's duties, and lets the victim petition for a show-cause hearing.

Full Text of § 765.010

Text sizeJump to: (a) (b) (c)

(a) For purposes of this section:
(1) "Harass" means engage in knowing and willful conduct that serves no legitimate purpose.
(2) "Entity" includes both governmental and private entities.
(b) A person shall not file or record, or direct another to file or record, a lawsuit, lien, or other encumbrance, including a notice of lis pendens, against another person or entity knowing it is false, with the intent to harass the person or entity or to influence or hinder the person in discharging his or her official duties if the person is a public officer or employee.
(1) A person or entity whose property is subject to a lien or encumbrance in violation of this section may petition the superior court of the county in which the person or entity resides or in which the property is located for an order, which may be granted ex parte, directing the lien or other encumbrance claimant to appear at a hearing before the court and show cause why the lien or other encumbrance should not be stricken and other relief provided by this article should not be granted.
(2) The court shall schedule the hearing no earlier than 14 days after the date of the order. The scheduled date of the hearing shall allow adequate time for notice of the hearing.

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.

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
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