Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action). There must be an active lawsuit in order to file a Lis Pendens—meaning, you cannot file a Lis Pendens on its own.First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. Lis pendens is a Latin term that translates to "lawsuit pending. San Bernardino County Notice of Pending Action Form. Fill in the blank form formatted to comply with all recording and content requirements. A lis pendens also called a notice of pendency of action is a special type of legal document filed with a county recorder. In order to file a "Lis Pendens" (a.k.a. Notice of Pending Action) to cloud the title you must file a lawsuit.