What is a Motion to Expunge Lis Pendens?

Useful Rulings on Motion to Expunge Lis Pendens

Recent Rulings on Motion to Expunge Lis Pendens

DEMARCO VS KOLL CUSTOM HOMES

However, Koll persuasively argues that recording the lis pendens after the 20-day period is a curable procedural defect, which has since been cured by the recording of the lis pendens on 6/15/20. The request to expunge the lis pendens is therefore denied.

  • Hearing

    Sep 23, 2020

EVANS V. LE GRAND MAISON, LLC

Although technically different from a motion to expunge a lis pendens, as explained by the Howard court, the applicable standards for both motions are the same: “The inquiry upon such motion is likewise limited to the ‘probable validity’ of the lien.” (Id.). Similarly, as to both types of motions, “the burden is on the party opposing the motion to expunge – i.e., the claimant - plaintiff – to establish the probable validity of the underlying claim.” (Id. at 319).

  • Hearing

    Sep 21, 2020

WORKERS MOUNTAIN VALLEY ASSEMBLY LLC VS CITY OF SAN FERNANDO

MOTION TO EXPUNGE LIS PENDENS “‘A lis pendens is a recorded document giving constructive notice that an action has been filed affecting title to or right to possession of the real property described in the notice.’ [Citation.] A lis pendens may be filed by any party in an action who asserts a ‘real property claim.’ [Citation.]

  • Hearing

    Sep 18, 2020

MOURIS AHDOUT VS HEKMATJAH FAMILY LIMITED PARTNERSHIP ET AL

On February 25, 2020, the Court granted the motion by Daniel Braum and David Hekmat, Trustees of the Vida Hekmatjah 2017 Trust (collectively, the “Vida Parties”) for an order expunging the lis pendens filed by Plaintiff in this case. The Court granted the lis pendens motion as to four of eleven properties, but the Court also granted Plaintiff a continuance so that he could perform additional discovery as to the remaining properties.

  • Hearing

    Sep 18, 2020

  • Type

    Real Property

  • Sub Type

    other

207 ENTRADA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS LEE CAPITAL BUILDERS, INC., A CALIFORNIA CORPORATION, ET AL.

On August 17, 2020, Lee Capital Builders, Inc filed a notice of lis pendens on property known as 20505 Entrada Drive, Santa Monica, California 90402 based on the cross-complaint filed by Lee Capital Builders, Inc. and the mechanic’s lien. On August 5, 2020, 207 Entrada, LLC filed a motion to expunge this lis pendens.

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SWARTZ VS SWARTZ PROPERTIES LLC

A lis pendens may be filed by any party in an action who asserts a 'real property claim.' (Code Civ. Proc., § 405.20.) Section 405.4 defines a ' 'Real property claim' ' as 'the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property....' 'If the pleading filed by the claimant does not properly plead a real property claim, the lis pendens must be expunged upon motion under CCP 405.31.'

  • Hearing

    Sep 17, 2020

  • Type

    Real Property

  • Sub Type

    other

STEVEN POWERS VS MARCOS VIVIAN, ET AL.

TRIAL DATE: None PROOF OF SERVICE: OK MOTION: Defendant’s Motion to Expunge Lis Pendens MOVING PARTY: Defendant, Vicino Limited Partnership OPPOSING PARTY: Plaintiff, Steven Powers, as trustee under Amended and Restated Trust Agreement for R.E.I. 401(k) Trust entered into December 29, 2009 and effective as of January 1, 2009 OPPOSITION: August 27, 2020 REPLY: September 2, 2020 TENTATIVE: Defendant Vicino’s motion to expunge lis pendens is granted. The Lis Pendens is ordered expunged.

  • Hearing

    Sep 10, 2020

  • Type

    Real Property

  • Sub Type

    other

INSTITUTE OF CONTEMPORARY ART LOS ANGELES VS 1717 UDT LLC

Discussion Under Code of Civil Procedure section 405.38, a prevailing party on a motion to expunge a lis pendens is entitled to recover attorney fees. (See Castro v. Superior Court (2004) 116 Cal.App.4th 1010, 1018.) On February 10, 2020, this Court granted Defendant’s motion to expunge lis pendens. However, the Court denied, without prejudice, Defendant’s request for $48, 453.00 in attorneys fees, on the grounds that Defendant had failed to submit adequately detailed records to justify the request.

  • Hearing

    Sep 10, 2020

  • Type

    Real Property

  • Sub Type

    other

BLACK SWAN INVESTMENT GROUP VS RAVIN

Defendant Long Nguyen's motion to expunge notice of pendency of action (lis pendens) is granted. The Court rules on defendant's evidentiary objections to the declaration of Aaron H.

  • Hearing

    Sep 10, 2020

  • Type

    Real Property

  • Sub Type

    other

BLACK SWAN INVESTMENT GROUP VS RAVIN

Defendant Long Nguyen's motion to expunge notice of pendency of action (lis pendens) is granted. The Court rules on defendant's evidentiary objections to the declaration of Aaron H.

  • Hearing

    Sep 10, 2020

  • Type

    Real Property

  • Sub Type

    other

IRON MECHANICAL, INC. VS. DAVIS/REED CONSTRUCTION, INC.

Accordingly, the request to expunge Plaintiff’s mechanic’s lien is DENIED. As a mechanic’s lien is a real property claim, it supports a lis pendens in this action. (Precision Framing Systems, Inc. v. Luzuriaga (2019) 39 Cal.App.45th 457, 464; See also C.C.P. §405.32). The request to expunge the notice of pendency of action is accordingly also DENIED.

  • Hearing

    Sep 10, 2020

JIMMIE LAWRENCE JACKSON VS OVAN PRESTON TRUST, ET AL.

MOTION TO EXPUNGE LIS PENDENS [CCP §405.30 et. seq.] Date: 9/4/20 (8:30 AM) Case: Jimmie Lawrence Jackson v. Ovan Preston Trust et al. (19GDCV00482) TENTATIVE RULING: Defendants Alanda Preston, Gregory Preston, Gwendolyn Preston and Sherry Jones Preston’s Motion to Expunge Lis Pendens is CONTINUED to __________________________.

  • Hearing

    Sep 04, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

AZZE VS WONG

Plaintiff’s recorded a lis pendens on October 18, 2008. Defendants’ motion to expunge the lis pendens was granted on February 20, 2020. In granting the motion to expunge the first lis pendens, the Court found that Plaintiff had not met his burden of establishing a probable validity of prevailing on his claims. The Court, in its analysis, relied on the two loan options present by Plaintiff: loan from CDC and a loan from Rubicon.

  • Hearing

    Sep 03, 2020

ARNOLD L. YOUNGBLOOD, ET AL. VS US BANK NATIONAL ASSOCIATION, ET AL.

Defendant Breckenridge Property Fund 2016, LLC’s application to expunge lis pendens and motion to consolidate are MOOT. Plaintiff Youngblood withdrew the notice of pendency of action recorded with the Los Angeles County Recorder on August 12, 2020, and Defendant Breckenridge is no longer a party to this action.

  • Hearing

    Sep 03, 2020

  • Type

    Real Property

  • Sub Type

    other

DYE VS. FREIDIN

App. 4th 1850, 1860 ("A lis pendens is only authorized in actions that affect title to, or the right to possession of, specific real property."). In ruling on a motion to expunge a notice of pendency of action under CCP § 405.31, the court engages in a demurrer-like analysis, i.e., its analysis is limited to the adequacy of the pleadings and whether the pleadings state a real property claim. See Kirkeby v. Super. Ct. (2004) 33 Cal. 4th 642, 647-48.

  • Hearing

    Sep 03, 2020

  • Type

    Real Property

  • Sub Type

    other

BOOS CHOICE VS MURPHY

The motion of Defendant 1017 Holdings, LLC to expunge lis pendens is granted. Plaintiff has failed to establish by a preponderance of the evidence the probable validity of a real property claim. CCP § 405.32. Defendant is awarded reasonable attorney's fees and costs of making this motion in the amount of $7,079.90 as follows: 20 hours @ $350, $60 filing fee and $19.90 e-filing fees. CCP § 405.38.

  • Hearing

    Sep 03, 2020

  • Type

    Contract

  • Sub Type

    Contract - Other

BOOS CHOICE VS MURPHY

The motion of Defendant 1017 Holdings, LLC to expunge lis pendens is granted. Plaintiff has failed to establish by a preponderance of the evidence the probable validity of a real property claim. CCP § 405.32. Defendant is awarded reasonable attorney's fees and costs of making this motion in the amount of $7,079.90 as follows: 20 hours @ $350, $60 filing fee and $19.90 e-filing fees. CCP § 405.38.

  • Hearing

    Sep 03, 2020

  • Type

    Contract

  • Sub Type

    Contract - Other

LILIBETH BERSABAL VS. IMPAC MORTGAGE

HEARING ON MOTION TO EXPUNGE LIS PENDENS FILED BY LAKEVIEW LOAN SERVICING, LLC * TENTATIVE RULING: * The hearing is continued by stipulation to October 7, 2020 at 9:00 a.m.

  • Hearing

    Sep 02, 2020

LIST VS. STAUB

Future Hearings: Motion to Expunge Lis Pendens: 10/22/20 MSC: 11/5/21 Jury Trial: 12/13/21

  • Hearing

    Sep 01, 2020

SAMIR BERA VS MARCO ANZO ANDRADE, II, ET AL.

A lis pendens is only valid if it is based on a real property claim. (See CCP § 405.31.) Cross-Complainants Marco Anzo Andrade II aka Marco Anzo Veronica Andrade and Strategic Strategies, LLC (collectively “Cross-Complainants”) move to have the court reconsider its prior decision granting Cross-Defendant Samir Bera’s (“Cross-Defendant”) motion to expunge lis pendens.

  • Hearing

    Aug 31, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

SAADEDDINE A EL-GHALI VS MATTHEW BARCH, ET AL.

The Court rejects Defendants’ belated claim in the reply that the lis pendens should be expunged because it was not filed immediately after being recorded. It may be an abuse of discretion to expunge a lis pendens solely for a technical defect in service if the defendant has actual notice of the lis pendens. See Biddle (1985) 170 CA3d 135, 137. Here, Defendants do not claim that the lis pendens was not properly served on them.

  • Hearing

    Aug 28, 2020

  • Type

    Real Property

  • Sub Type

    other

MIGUEL SAHAGUN VS HUNTINGTON PARK-MAYWOOD POST NO. 2830, VETERANS OF FOREIGN WARS OF THE UNITED STATES, ET AL.

Ray Musgrove VFW Post 7735 move to expunge the record of notice of pendency of action. Plaintiff opposes. Legal Standard In a motion to expunge a notice of lis pendens, the claimant who filed the lis pendens has the burden of proof. (CCP § 405.30.)

  • Hearing

    Aug 26, 2020

COMMUNITY HOUSING TRUST VS HARMINDER DEOL

Motion to expunge lis pendens. Motion granted. Order to be prepared by defendant for electronic signature and filing. If a hearing is requested on the tentative, please email your request to: [email protected] by 4:00 PM the day before your hearing. The matter will be heard remotely by telephone at its scheduled date and time: (209)992-5590 Bridge# 6939 Pin# 3892

  • Hearing

    Aug 24, 2020

BIGLIN VS. SUN

For the second request, Defendants wish to enjoin plaintiffs from “recording a lis pendens…”. (Ex Parte App p. 2) But the lis pendens had already been recorded as of March 25th. Thus, this request was MOOT (See Ex Parte Fazio Decl., Exhibit F.) The only evidence of interference, seems to concern the lis pendens, and possibly the writing of letters between counsel asserting the participants’ rights.

  • Hearing

    Aug 20, 2020

ABRAHAM AND DELARA POULADIAN FAMILY TRUST AMENDED AND RESTATED FEBRUARY 24, 2015 VS SIAMAK SINAI, ET AL.

(Notice of Lis Pendens, filed February 28, 2020.) Defendants now move to expunge the notice of pendency of action pursuant to Code of Civil Procedure section 405.30. Plaintiff opposes the motion. Legal Standard The authorization to file a notice of pendency of action (“lis pendens”) is found in section 405.20 of the Code of Civil Procedure.

  • Hearing

    Aug 20, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

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