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In United States law, a lis pendens (Latin for 'suit pending' [1]) is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office.
In 1936, the Supreme Court of California held that because the state constitution reserves judicial decisionmaking to the judicial branch, it lacked jurisdiction to issue a writ of certiorari to review the decision of a state board unless that board had been expressly authorized by the state constitution to exercise judicial power. [34]
Lis pendens also means "a pending lawsuit", but lis pendens is a document filed in the public records of the county where particular real property is located stating that a pending lawsuit may affect the title to the property. Because nobody wants to buy real estate if its ownership is in dispute, a lis pendens notice effectively ties up the ...
Reinisch, August. (2004). "The Use and Limits of Res Judicata and Lis Pendens as Procedural Tools to Avoid Conflicting Dispute Settlement Outcomes", 3 The Law and Practice of International Courts and Tribunals pp. 37–77. Schutze, Rolf A. (2002) "Lis Pendens and Related Actions". 4(1) European Journal of Law Reform p. 57. Seatzu. F. (1999).
This is accomplished through the filing of a lis pendens as part of the lawsuit and recordation of it in order to provide public notice of the pendency of the foreclosure action. In all U.S. jurisdictions, a lender who conducts a foreclosure sale of real property that has a federal tax lien must give 25 days notice of the sale to the Internal ...
The Southern District of California was abolished and the State made to constitute a single district – the United States District Court for the District of California – by Act of Congress approved July 27, 1866, 14 Stat. 300. [2] [3] Twenty years later, on August 5, 1886, Congress re-created the Southern District of California by 24 Stat ...
The harshness of the doctrine of constructive notice is somewhat reduced by the "Rule of Indoor management" or "Turquand's Rule". The rule derives its name from the case of Royal British Bank v Turquand, where the defendant was the liquidator of the insolvent Cameron's Coalbrook Steam, Coal and Swansea and Loughor Railway Company.
The California Constitution provides that the state's judicial power is vested in the courts, but it also permits some delegation of judicial authority. [ 34 ] [ 35 ] This authority to delegate subordinate judicial duties is distinct from the courts' authority to appoint temporary judges, which requires a stipulation by the parties. [ 35 ]