LUCERNE VALLEY LLC VS SUNRISE FINANCIAL LLC ET AL

SUBJECT: Motion to expunge lis pendens

Moving Party: Defendant John H. Kohan; joinder by defendants Sunrise Financial LLC, Shahram Elyaszadeh, Yonah Samih, Citivest Financial Services Inc., and Edward Mazzarino

Resp. Party: Plaintiff Lucerne Valley LLC



The motion is DENIED.

BACKGROUND:

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.


ANALYSIS:

When an action involves a claim affecting real property, a party to the action may, by recording a notice of lis pendens, preserve his or her rights or interest, if any, i........