California Code of Civil Procedure 872.250 – (a) Immediately upon filing the complaint, the plaintiff shall …
(a) Immediately upon filing the complaint, the plaintiff shall record a notice of the pendency of the action in the office of the county recorder of each county in which any real property described in the complaint is located.
(b) If, thereafter, partition of other real property is sought in the same action, the plaintiff or other person seeking such relief shall immediately record a supplemental notice.
Terms Used In California Code of Civil Procedure 872.250
- Action: means an action for partition under this title. See California Code of Civil Procedure 872.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County: includes "city and county. See California Code of Civil Procedure 17
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes real and personal property. See California Code of Civil Procedure 872.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) If the notice is not recorded, the court, upon its own motion or upon the motion of any party at any time, shall order the plaintiff or person seeking partition of the property, or another party on behalf of the plaintiff or other person, to record the notice and shall stay the action until the notice is recorded. The expense of recordation shall be allowed to the party incurring it.
(d) From the time of filing the notice for record, all persons shall be deemed to have notice of the pendency of the action as to the property described in the notice.
(Added by Stats. 1976, Ch. 73.)