The document you will need to fill out and file is called a Release of Lis Pendens. First, you can only file a lis pendens if you have a pending lawsuit with the circuit court.The Notice of Withdrawal form is a legal document that an attorney can file to officially withdraw a previously recorded notice of lis pendens. This sample withdrawal of a Notice of Pendency of Action (Lis Pendens) for California is recorded when a party wants to release and withdraw a Lis Pendens. To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. You can record a Notice of Withdrawal of Lis Pendens. This is done via pleading. A pending lawsuit. Litigation.