Lis This!

Rey Sanchez Investments v. Superior Court, No. E063757 (D4d2 Jan. 26, 2016).

If you are going to put a lis pendens on somebody’s property, you had better comply with the statutory service requirements under Code of Civil Procedure § 405.22, including service on everyone with an interest in the property and everyone in the action. And then you need to provide a proof of service. Under § 405.23, a lis pendens is “void and invalid” and subject to expungement if the service rules are not followed. Plaintiff didn’t follow the service rules in this case—no proof of service—which merits a peremptory writ requiring the trial court to expunge the lis pendens.

Writ granted.