GARCIA v. SOSA

CASE NO.: 26NWCV00062 HEARING: Tuesday, August 18, 2026, at 9:30 AM Plaintiff's motion for permission to file a Lis Pendens is GRANTED. Moving party to give notice.

Background

On January 7, 2026, Plaintiff JOVANY P. GARCIA ("Plaintiff") filed this action against Defendants GLORIA SOSA ("Defendant") and DOES 1-10, inclusive. Plaintiff's complaint asserts the following causes of action: (1) Quiet Title; (2) Injunctive Relief; (3) Breach of Contract; and (4) Common Counts

Approval to file Lis Pendens Because Plaintiff is self-represented, the court must approve Plaintiff's request to record the notices. Code of Civil Procedure section 405.21 states in pertinent part: "A notice of pendency of action shall not be recorded unless (a) it has been signed by the attorney of record, (b) it is signed by a party acting in propria persona and approved by a judge as provided in this section, or (c) the action is subject to Section 405.6" [relating to actions by a public agency in eminent domain, which has separate requirements governed by a different statute]. (CCP Sec. 405.21.)

The court's duty is to "confirm that an action containing a real property claim, as defined by CCP 405.4, is pending, and to approve a lis pendens proper in form if such a claim is pending. The procedures for hearing and ruling upon such requests, and for establishing a record of approval or rejection, are left to determination by the courts. However, it is expected that an approval will be endorsed upon or appended to the lis pendens document for the information of the recorder and persons referring to land title records." (See Notes to CCP Sec. 405.21.)

A real property claim "means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility." (CCP 405.4.)

The Court, having considered the Motion, the Memorandum of Points and Authorities and Jovany P. Garcia's and finding that the Complaint asserts a real property claim (Quiet Title) within the meaning of CCP Sec. 405.4. Plaintiff is self-represented and therefore requires judicial authorization under Code of Civil Procedure section 405.21. Plaintiff's motion for permission to file a Lis Pendens is GRANTED.

STAGGS v. BIOMAT USA, INC.