Navigating through the complexities of legal procedures can be challenging, but certain reforms aim to streamline these processes for everyone involved. Among these efforts is a significant change regarding the Notice of Withdrawal form, specifically within the context of lis pendens. The amendment to Code of Civil Procedure section 405.50, as proposed, would enable a party's attorney to execute and record the notice of withdrawal of lis pendens, a shift from the previous stipulation that only authorized the party or their successor in interest to do so. This change is not just a matter of altering who can file the document but speaks to a broader intent to make the settlement process more efficient and less delayed. Before this resolution, the discrepancy between the ability of an attorney to record a notice of lis pendens and the restrictions on withdrawing the same notice was an oversight that the legal community sought to correct. By allowing attorneys to also sign and record the notice of withdrawal, the legal processes are thereby expedited, reflecting a pragmatic approach to legal documentation. The proposal, backed by the San Diego County Bar Association, underscores a commitment to reducing unnecessary procedural delays and facilitating smoother transitions towards case settlements. It is conceived out of practicality: attorneys, who are often more readily available to perform such actions, can help finalize the necessary paperwork swiftly, thereby benefiting all parties involved in the litigation process. This adjustment is aimed at making the procedure for recording a withdrawal of lis pendens as consistent and efficient as possible, with an expected positive impact on the facilitation of settlements within the legal framework.
| Question | Answer |
|---|---|
| Form Name | Notice Of Withdrawal Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | notice of withdrawal of lis pendens, lis pendens notice withdrawal, withdrawal of lis pendens form california, notice of withdrawal of lis pendens form |
RESOLUTION
DIGEST
Lis Pendens: Notice of Withdrawal by Attorney
Amends Code of Civil Procedure section 405.50 to allow a party's attorney to execute and record the notice of withdrawal of lis pendens.
RESOLUTIONS COMMITTEE RECOMMENDATION
APPROVE IN PRINCIPLE
History:
No similar resolutions found.
Reasons:
This resolution amends Code of Civil Procedure section 405.50 to allow a party's attorney to execute and record the notice of withdrawal of lis pendens. This resolution should be approved in principle because it renders the procedure for recording a withdrawal of lis pendens more consistent with the procedure for recording a notice of lis pendens and eliminates unnecessary delay in the facilitation of settlements.
Code of Civil Procedure section 405.21 permits a party's attorney to sign and record a notice of lis pendens. Code of Civil Procedure section 405.50 authorizes only a party or a party's successor in interest to sign and record the notice of withdrawal of lis pendens. It appears that this discrepancy is an oversight since there is no discussion in the legislative history of section
405.50or case law of why a party's attorney should not execute and record the notice of withdrawal. Furthermore, permitting a party's attorney to sign and record the notice of withdrawal would expedite the completion of settlements since an attorney is often in a position to execute and record documents more quickly than the client in the normal course of business.
TEXT OF RESOLUTION
RESOLVED that the Conference of Delegates of California Bar Associations recommends that legislation be sponsored to amend Code of Civil Procedure section 405.50 to read as follows:
1 |
§ 405.50 |
2 |
At any time after notice of pendency of an action has been recorded pursuant to this |
3title or other law, the notice may be withdrawn by recording in the office of the recorder in
4which the notice of pendency was recorded a notice of withdrawal executed by the party
5who recorded the notice of pendency of action, by the party’s attorney of record in the
6action, or by the party's successor in interest. The notice of withdrawal shall be
7acknowledged.
(Proposed new language underlined; language to be deleted stricken.)
PROPONENT: San Diego County Bar Association
STATEMENT OF REASONS
Existing Law: Permits a party’s attorney of record to sign and record the notice of pending action (lis pendens), but only authorizes the party to sign and record the notice of withdrawal of the lis pendens.
This Resolution: Would enable the party’s attorney of record to sign and record a notice of withdrawal of a lis pendens on behalf of the party.
The Problem: Although the statute authorizing the recording of a lis pendens specifically authorizes either the party or the party’s attorney of record to sign and record the lis pendens, the statute authorizing the withdrawal of the lis pendens authorizes only the party to sign the notice of withdrawal of the lis pendens. The requirement that the notice be signed by the client makes the withdrawal process potentially more cumbersome, and can delay the efforts of parties and their attorneys to complete the documentation necessary to complete settlements. There is no logical reason why the party’s attorney, who already has the authority to sign the lis pendens itself, should not be authorized to sign a notice of withdrawal.
IMPACT STATEMENT
This resolution does not affect any other law, statute or rule.
AUTHOR AND/OR PERMANENT CONTACT: Arthur M. Wilcox, Jr., 501 W. Broadway, Ste. 750, San Diego, CA 92101, tel.
RESPONSIBLE FLOOR DELEGATE: Arthur M. Wilcox, Jr.