Gale v. Superior Court (2004) 122 Cal.App.4th 1388 (Representing Real Party In Interest)
Oct 06, 2004OUTCOME: Petitioner
Court held that a family law petition for dissolution of marriage which does not allege a community interest in specific real property does not state a "real property claim" so as to support the filing ... of a notice of lis pendens with regard to that property. The Court chastised a common practice of family lawyers of being deliberately cagey or noncommittal in the family law petition or response by not specifying items of community and separate property (e.g., "such assets as may be discovered at a later date" or "the full nature and extent of petitioner's community property is unknown at this time") does not comply with the statutory requirements allowing the filing of a notice of lis pendens, and consequently will not support such a filing.