Amedee v. CitiMortgage, Inc.

Filing 38

ORDER by Judge Claudia Wilken APPROVING 35 NOTICE OF PENDENCY OF ACTION (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 12/30/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 JON C. AMEDEE, Plaintiff, 5 6 7 8 No. C 13-3040 CW ORDER APPROVING NOTICE OF PENDENCY OF ACTION (Docket No. 35) v. CITIMORTGAGE, INC., et al., Defendants. ________________________________/ 9 On December 23, 2013, Plaintiff Jon Amedee, proceeding pro 10 United States District Court For the Northern District of California se, filed an ex parte request for this Court to approve his notice 11 of pendency of action. This request is GRANTED. 12 Section 405.20 of the California Code of Civil Procedure 13 provides that a “party to an action who asserts a real property 14 claim may record a notice of pendency of action in which that real 15 property claim is alleged.” The purpose of such a filing is to 16 give “constructive notice” to the public “that an action has been 17 filed affecting title or right to possession of the real property 18 described in the notice.” BGJ Associates, LLC v. Superior Court, 19 75 Cal. App. 4th 952, 966 (1999). Under California law,1 “A notice 20 of pendency of action shall not be recorded unless (a) it has been 21 signed by the attorney of record, [or] (b) it is signed by a party 22 acting in propria persona and approved by a judge” of the court 23 where the real property action is pending. Cal. Civ. Proc. Code 24 § 405.21. 25 26 27 28 1 Federal courts follow state law in matters concerning these notices of pending actions affecting title to real property. 28 U.S.C. § 1964; see also Cal. Civ. Proc. Code § 405.5 (“This title applies to an action pending in any United States District Court in the same manner that it applies to an action pending in the courts of this state.”). 1 Because Plaintiff has asserted claims in this action that 2 would potentially affect title to real property, see Docket No. 3 22, First Am. Compl. ¶¶ 90-92, and is currently proceeding pro se, 4 the Court approves his notice of pendency of action regarding the 5 property at 9012 Palmera Court, Oakland, California 94603. 6 Nothing in this order should be construed as an indication that 7 Plaintiff’s claims have merit. 8 9 CONCLUSION For the reasons set forth above, Plaintiff’s ex parte request United States District Court For the Northern District of California 10 for approval of his notice of pendency of action (Docket No. 35) 11 is GRANTED. 12 county recorder’s office as evidence of the Court’s approval. Plaintiff may submit a copy of this order to the 13 Before recording the notice of pendency of action, Plaintiff 14 must serve a copy of the notice on all Defendants, as required by 15 section 405.22 of the California Code of Civil Procedure. 16 Cal. Civ. Proc. Code § 405.22 (“[T]he claimant shall, prior to 17 recordation of the notice, cause a copy of the notice to be 18 mailed, by registered or certified mail, return receipt requested, 19 to all known addresses of the parties to whom the real property 20 claim is adverse and to all owners of record of the real property 21 affected by the real property claim as shown by the latest county 22 assessment roll.”). 23 See IT IS SO ORDERED. 24 25 26 Dated: 12/30/2013 CLAUDIA WILKEN United States District Judge 27 28 2

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