California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 4.5 — Recording Notice of Certain Actions, Chapter 3 — Expungement and Other Relief, Section 405.30

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.

Notes

Allows any party, or an interested nonparty who obtains leave to intervene, to move at any time after recording to expunge a notice of pendency. Permits written or oral evidence and discovery orders, and places the burden of proof on the claimant under the referenced probable-validity provisions.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 405.30 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-4-5/chapter-3/section-405-30

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