Q: Regarding Lis Pendens
As a pro se plaintiff in a quiet title civil lawsuit against my servicer and lender, instead of filing a Motion for Approval for Lis Pendens, which would take a long time to get onto the judges calendar, can I file a Application for Approval for Lis Pendens instead in the Superior Court of California, Los Angeles? I was told I could do this by a court clerk in Federal Court but I changed my filing to state court. I am not sure if the rules are the same for the state court. Please advise.
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A:
In California state courts, you can indeed file an Application for Approval of Lis Pendens (Notice of Pending Action) instead of a motion, which often proves faster than waiting for a motion hearing.
However, you should note that filing requirements can vary between federal and state courts, and while court clerks are helpful, their advice isn't always legally binding. For Los Angeles Superior Court specifically, you'll need to submit your application with supporting documentation, including your proposed lis pendens document and evidence showing the action affects title to or right of possession of real property.
Before proceeding, review California Code of Civil Procedure Section 405.20 and local court rules, as improper filing of lis pendens can lead to sanctions. Given the complexity of quiet title actions and the significant consequences of filing errors, consider reaching out to your local bar association for referrals to attorneys who might offer free initial consultations or limited-scope representation to guide you through this specific filing.
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