The definitions in this chapter govern the construction of this title.
Recording Notice of Certain ActionsDefinitions and General Provisions
Section § 405
This section explains that the definitions provided in this chapter are used to interpret and understand the rules and regulations described in this title.
definitions construction interpretation
Section § 405.1
This law defines a 'claimant' as someone involved in a legal case who makes a claim about property ownership and has officially recorded that they have a pending legal action regarding the property.
“Claimant” means a party to an action who asserts a real property claim and records a notice of the pendency of the action.
claimant real property claim pendency of action
Section § 405.2
This law defines a "notice of pendency of action," which is a legal notice stating that a lawsuit involving a real estate claim is in progress.
“Notice of pendency of action” or “notice” means a notice of the pendency of an action in which a real property claim is alleged.
notice of pendency of action real property claim legal notice
Section § 405.3
The term "probable validity" in relation to a claim about real estate means that there's a good chance, more likely than not, that the person making the claim will win in court against the defendant.
“Probable validity,” with respect to a real property claim, means that it is more likely than not that the claimant will obtain a judgment against the defendant on the claim.
probable validity real property claim judgment likelihood
Section § 405.4
This law defines a 'real property claim' as a legal argument made in a lawsuit that could impact the ownership, possession, or use of real estate. It specifically refers to claims concerning the title or possession of property or the use of an easement, except for easements legally granted to public utilities.
“Real property claim” means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility.
real property claim easement title to property
Section § 405.5
This law states that the rules in this specific section apply to cases in U.S. District Courts just like they apply to cases in California state courts.
This title applies to an action pending in any United States District Court in the same manner that it applies to an action pending in the courts of this state.
action pending United States District Court application of state law
Section § 405.6
This law explains that when a government agency is trying to take private property for public use (using a process called 'eminent domain'), the official notice that a legal case is ongoing will follow specific rules set out in a different section, not the usual ones for property cases.
In an action by a public agency in eminent domain pursuant to Title 7 (commencing with Section 1230.010) of Part 3, the issuance, service, and recordation of a notice of pendency of action shall be governed by Section 1250.150 and shall not be subject to Chapter 2 (commencing with Section 405.20).
eminent domain public agency notice of pendency
Section § 405.7
When a government agency starts a legal action to declare a building unlivable, they need to file a notice with the county recorder's office. This notice should include the parties involved and details about the property in question.
Whenever an action is commenced to declare a building uninhabitable, the plaintiff public agency, at the time of filing the complaint, shall record in the office of the recorder of the county in which the building is situated, a notice of the pendency of the action, containing the names of the parties and a description of the real property upon which the building affected by the action is situated.
uninhabitable building public agency complaint filing
Section § 405.8
This law means that if you're involved in a legal dispute about property, you can still try to get other legal protections like a court order to freeze assets, stop actions, or clear a notice about a lawsuit against the property, even if there's already a property claim in process.
Nothing in this title precludes any party from seeking an attachment, injunction, or other relief in connection with a real property claim or the expungement of a notice of pending action.
real property claim attachment injunction
