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)

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