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 Post subject: CCP 405.34 When Claimant Must Give Undertaking
PostPosted: Sat Nov 06, 2010 10:59 am 
Partner of Riser Adkisson LLP
Partner of Riser Adkisson LLP
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Joined: Fri Dec 12, 2008 10:13 am
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Location: Newport Beach, CA

405.34.

Subject to the provisions of Sections 405.31 and 405.32, at any time after a notice of pendency of action has been recorded, and regardless of whether a motion to expunge has been filed, the court may, upon motion by any person with an interest in the property, require the claimant to give the moving party an undertaking as a condition of maintaining the notice in the record title.

However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the person moves to require an undertaking.

The court may permit evidence to be received in the form of oral testimony and may make any orders it deems just to provide for discovery by any affected party.

An undertaking required pursuant to this section shall be of such nature and in such amount as the court may determine to be just. In its order requiring an undertaking, the court shall set a return date for the claimant to show compliance and if the claimant fails to show compliance on the return date, the court shall order the notice of pendency of action expunged without further notice or hearing. Recovery on an undertaking required pursuant to this section may be had in an amount not to exceed the undertaking, pursuant to Section 996.440, upon a showing
Quote:
(a) that the claimant did not prevail on the real property claim and

(b) that the person seeking recovery suffered damages as a result of the maintenance of the notice. In assessing these damages, the court shall not consider the claimant's intent or the presence or absence of probable cause
.

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