Failure to send the lis pendens by certified mail prior to recording is a technical deficiency which warrants expungement. When a lis pends is expunged, it's as if it had never been filed. However, there is nothing stopping the plaintiff from filing another lis pendens.
Yes, certainly. If the plaintiff files and records a notice of withdrawal of (defective) lis pendens, nothing prevents the plaintiff from serving (by certified mail), filing and recording a new notice of pending action (notice of lis pendens) which is correct.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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