The Lessened Lis Pendens

1 Pages Posted: 22 Mar 2011

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

Date Written: September 1, 2003


This article warns attorneys to advise their clients to think twice before recording that lis pendens. Two California cases demonstrate that attempts to obtain a lis pendens may be worse than ineffective, and quite dangerous, leading to liability for attorney fees and compensatory and punitive damages.

Keywords: fraudulent conveyance, execution sale, judgments, pending litigation, Palmer v Zaklama, Kirkeby v Superior Court, BGJ Assocs., LLC v Superior Court

JEL Classification: K11

Suggested Citation

Bernhardt, Roger, The Lessened Lis Pendens (September 1, 2003). Available at SSRN: or

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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