A lis pendens must be filed with both the county recorder and the circuit court clerk. Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action).A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located. A lis pendens also called a notice of pendency of action is a special type of legal document filed with a county recorder. 1. You must first file a lawsuit in which title to the property is at issue between the parties; 2. Lis pendens is a Latin term that translates to "lawsuit pending. To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. A notice of pendency of action or lis pendens is a statutory procedure designed to give constructive notice of a lawsuit affecting real property. The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder. Before a lis pendens can be recorded, a civil lawsuit must be filed in a California court.