California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10 — Actions in Particular Cases, Chapter 4 — Quiet Title, Article 5 — Judgment, Section 764.045

Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the following conditions is satisfied:

(a) The claim was of record at the time the lis pendens was filed or, if none was filed, at the time the judgment was recorded.

(b) The claim was actually known to the plaintiff or would have been reasonably apparent from an inspection of the property at the time the lis pendens was filed or, if none was filed, at the time the judgment was entered. Nothing in this subdivision shall be construed to impair the rights of a bona fide purchaser or encumbrancer for value dealing with the plaintiff or the plaintiff’s successors in interest.

Notes

Limits the judgment’s effect on a nonparty’s property claim when the claim was recorded at the lis pendens filing or judgment recording, or was actually known to the plaintiff or reasonably apparent from inspection at the time, subject to the referenced rule. The provision preserves rights of bona fide purchasers or encumbrancers for value dealing with the plaintiff or successors.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 764.045 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10/chapter-4/article-5/section-764-045

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