Los Angeles, CA asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Probate for California

Q: in LA, California: if the outcome of a suit would change the RSO status of a property, should lis pendens be filed?

Property in Los Angeles with unregistered dwelling units is the subject of a habitability complaint that includes a challenge to RSO status. The property is under contract for sale and subject to a conservatorship, where the court has yet to approve the sale. Should a lis pendens be filed by the plaintiffs in the civil case? A motion to abate a petition to sell is being filed in the probate court per CA Prob Code 854 by those plaintiffs but may not be sufficient to serve as a constructive notice.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, a lis pendens is a written notice that is filed with the county recorder's office when a lawsuit is pending involving title to, or possession of, real property. The purpose of a lis pendens is to provide constructive notice of the lawsuit to anyone who may be interested in the property, such as a prospective buyer.

In the situation you described, if the outcome of the lawsuit could affect the RSO status of the property, it may be appropriate to file a lis pendens to provide notice to potential buyers of the property. However, whether or not to file a lis pendens is a strategic decision that should be made in consultation with an attorney who is familiar with the specific details of the case and the relevant legal requirements. It may also be necessary to obtain court approval before filing a lis pendens in some cases.

If you are involved in a lawsuit that could affect the title or possession of real property, it is important to seek legal advice from an experienced attorney who can provide guidance on the appropriate course of action in your specific situation.

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