Which element is also required for lis pendens besides identity of parties and identity of causes of action?

Which element is also required for lis pendens besides identity of parties and identity of causes of action?

• A. Identity of the subject matter
• B. Identity of witnesses
• C. Identity of the law firm
• D. Identity of the relief sought

Answer: (A)

Lis pendens requires that there be the same parties, the same cause of action, and the same subject matter—the thing in dispute. The subject matter is the specific property or matter that the court’s decision will affect. This element is essential because it ties the two actions to the exact same item or controversy; without it, two suits could proceed about different aspects of the dispute, defeating the purpose of lis pendens to prevent conflicting judgments and conserve judicial resources. The other two elements—identity of the parties and identity of the causes of action—are also necessary, but they do not alone ensure that the actions actually concern the same dispute. The options about witnesses, the law firm, or the relief sought do not determine whether lis pendens applies, so they are not required elements.

Lis pendens requires that there be the same parties, the same cause of action, and the same subject matter—the thing in dispute. The subject matter is the specific property or matter that the court’s decision will affect. This element is essential because it ties the two actions to the exact same item or controversy; without it, two suits could proceed about different aspects of the dispute, defeating the purpose of lis pendens to prevent conflicting judgments and conserve judicial resources. The other two elements—identity of the parties and identity of the causes of action—are also necessary, but they do not alone ensure that the actions actually concern the same dispute. The options about witnesses, the law firm, or the relief sought do not determine whether lis pendens applies, so they are not required elements.