§ 874.225 Claim in property of person not a party to action; effect of judgment; conditions

Codes > California Code of Civil Procedure > Part 2 > Title 10.5 : Chapter 9 > 874.225

§ 874.225. Claim in property of person not a party to action; effect of judgment; conditions

    Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the following conditions is satisfied:

    (a) The claim was of record at the time the lis pendens was filed or, if none was filed, at the time the judgment was recorded.

    (b) The claim was actually known to the plaintiff or would have been reasonably apparent from an inspection of the property at the time the lis pendens was filed or, if none was filed, at the time the judgment was entered. For the purpose of this subdivision, a “claim in the property or part thereof” of any person means the interest of the person in the portion of the property or proceeds of sale thereof allocated to the plaintiff. Nothing in this subdivision shall be construed to impair the rights of a bona fide purchaser or encumbrancer for value dealing with the plaintiff or the plaintiff's successors in interest.