The Protection of Land Decrees: The Use of Lis Pendens in Interstate Litigation Affecting California Real Property

Authors

Gail M. Hashimoto

Abstract

This Note examines whether a notice of lis pendens may be recorded against California property in connection with an action litigated outside of California that affects the title to or possession of California property. Such an application of California lis pendens law must satisfy the requirements of the applicable lis pendens statutes without violating the limitations imposed by the territorial jurisdiction doctrine. The Note first examines the development of statutory lis pendens law in California to determine whether territorial restrictions imposed on lis pendens as a judicial doctrine similarly restrict the statute. Next, the Note considers whether recordation of a lis pendens in extraterritorial actions would offend the principles of territorial sovereignty that prohibit courts of one state from directly affecting title to property in another state. The Note concludes that the recordation of a notice of lis pendens in conjunction with extraterritorial actions affecting California property is a permissible and desirable extension of the lis pendens procedure that meets the statutory requirements and is in accord with the broader objectives of the Is pendens law.

Recommended Citation

Gail M. Hashimoto, The Protection of Land Decrees: The Use of Lis Pendens in Interstate Litigation Affecting California Real Property, 36 Hastings L.J. 255 (1984).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol36/iss2/4