At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the party brings the motion to expunge the notice. Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.
Cal. Civ. Proc. Code § 405.30
Expungement and Other Relief
Applied in 2 court decisions — leading case Alameda Produce Market, Inc. v. Air Nail Co. (In Re Air Nail Co.) (2005)
Most recently applied in Brooks-Hamilton v. City of Oakland (In Re Brooks-Hamilton) (August 2006)
Added by Stats. 1992, Ch. 883, Sec. 2
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.