Lis Pendens

A Due Process Analysis of California Lis Pendens

In California, the lis pendens, though it serves the useful purpose of notifying potential purchasers of property of pending lawsuits, is subject to serious abuse. A lis pendens effectively prevents alienation of the property until the judgment in the underlying action has become final.  For this reason, lis pendens is susceptible to abuse by parties who assert meritless claims to Read more…

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California’s Anti-Slapp

Passed into law in 1992, California‚Äôs anti-SLAPP statute (prohibiting stra- tegic lawsuits against public participation, or SLAPPs) has evolved into a nuanced but powerful procedural device for litigants facing lawsuits arising from protected petitioning or speech activity. Found at Code of Civil Procedure sections 425.16 through 425.18, it presents a Read more…

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