SUBJECT: Motion to expunge lis pendens

Moving Party: Defendant John Kohan

Resp. Party: Plaintiff Lucerne Valley, LLC

The motion is GRANTED. The Court awards attorney fees to defendant in the amount of $960.00


Plaintiff commenced this action on 8/18/15 against defendants for: (1) vacate trustee’s deed of sale; (2) vacate trustee’s deed of sale; (3) quiet title; (4) breach of contract and breach of fiduciary duty; (5) fraud; and (6) violation of Business and Professions Code section 17200. The actions pertain to plaintiff’s agreement with Sunrise to secure refinancing of loans plaintiff had with other lenders.

The trial was held in two phases. On 8/7/17, the Court found that plaintiff’s cause of action for breach of oral contract was barred by the statute of limitations and that neither equitable tolling nor equitable estoppel apply. On 11/15/17, the Court granted defendant........