Prepare the Complaint along with Summons, Case Information Sheet, Civil Case Cover Sheet, and Notice of Action Pending.
File with the Court
File with the Court the Complaint along with Summons, Case Information Sheet, and Civil Case Cover Sheet.
Get a Judge's approval
File an "ex parte" (no notice to the other side) motion for approval of the Notice. Essentially, you are asking the Judge to approve the document on short notice. Local court procedure varies, but generally you first set an appointment with court clerk to present your motion to the Judge, and then bring your documents to the appointment.
If the Judge does not approve your document, you may need to amend the complaint, or hire a real estate attorney.
Serve the Notice
The Notice must, before recording, be served by registered or certified mail, return receipt requested, to all known addresses of the the defendants, all known owners of record of the real property , and all to whom the real property claim is adverse. (Code of Civil Procedure 405.22)
You need to prepare a Proof of Service showing proper service (Code of Civil Procedure 405.23)
Record the Notice
Take the Notice, with the court order approving the Notice, and a Proof of Service by certified mail of the Notice, to the County Recorder. The clerk will accept for recording. Once you have filed with the Recorder, you must file a copy of the Notice with the Court.
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