TENTATIVE RULING
On June 12, 2017, Ted and Iris Jacobson (the “Jacobsons”) filed a complaint against Esperanza Hansen (“Hansen”). The dispute concerns a Commercial Lease-Option to Purchase agreement entered into by the parties in July 2015. On August 4, 2017, Hansen recorded a lis pendens against the real property at issue, which is located in Paso Robles and is owned by the Jacobsons (the “Property”). Hansen subsequently filed a cross- complaint against the Jacobsons on September 8, 2017, and a first amended cross- complaint (“FACC”) on May 6, 2019.1
The Jacobsons argue that (1) neither the Jacobsons’ complaint nor Hansen’s FACC state a real property claim supporting recordation of a lis pendens; (2) Hansen cannot show her real property claim has probable validity; and (3) Hansen did not properly serve the Jacobsons with a notice of the lis pendens as required by Code of Civil Procedure section 405.22, rendering the lis pendens void under Code of Civil Procedure section 405.23.
In her
Hearing Date
August 25, 2020
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TENTATIVE RULING
On June 12, 2017, Ted and Iris Jacobson (the “Jacobsons”) filed a complaint against Esperanza Hansen (“Hansen”). The dispute concerns a Commercial Lease-Option to Purchase agreement entered into by the parties in July 2015. On August 4, 2017, Hansen recorded a lis pendens against the real property at issue, which is located in Paso Robles and is owned by the Jacobsons (the “Property”). Hansen subsequently filed a cross- complaint against the Jacobsons on September 8, 2017, and a first amended cross- complaint (“FACC”) on May 6, 2019.1
The Jacobsons argue that (1) neither the Jacobsons’ complaint nor Hansen’s FACC state a real property claim supporting recordation of a lis pendens; (2) Hansen cannot show her real property claim has probable validity; and (3) Hansen did not properly serve the Jacobsons with a notice of the lis pendens as required by Code of Civil Procedure section 405.22, rendering the lis pendens void under Code of Civil Procedure section 405.23.
In her