405.31.
In proceedings under this chapter, the court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim. The court shall not order an undertaking to be given as a condition of expunging the notice where the court finds the pleading does not contain a real property claim.
Under Code of Civil Procedure section 405.31, the court must order the lis pendens expunged if it finds that there is no real property claim. A real property claim is a cause of action that, if successful, would affect title to or the right of possession of specific real property or the use of an easement identified in a pleading. (Code Civ. Proc. § 405.4.) Under section 405.31, the Court looks only to the adequacy of the pleadings, and assumes all facts alleged in the pleadings to be true.
TIMOTHY S. MURAKAMI VS JOYCE YUKIKO UYEDA, ET AL.
22STCV25984
Nov 18, 2022
Los Angeles County, CA
The present motion, however, does not challenge the right to a lis pendens only under section 405.31; the moving party challenges the right to a lis pendens under section 405.32 as well. As noted above, under section 405.32 plaintiff has the burden to establish the probable validity of his claim, even though the motion is brought by defendant.
MEKHAIL VS BASKARON
CVSW2103528
Feb 02, 2022
Riverside County, CA
Consequently, the SAC does not state a real property claim and is subject to expungement pursuant to CCP section 405.31. Accordingly, the motion to expunge is granted. Defendant also moves for an order releasing from deposit with the court half of the insurance proceeds. Defendant states she needs the funds because she must begin rebuilding a home on the subject property before her temporary living expenses under the insurance policy expire in October 2019. (Mary Durand Decl., paragraph 2.)
DURAND VS DURAND
SCV-262185
Mar 05, 2019
Sonoma County, CA
Plaintiffs opposition argues its operative complaint contains a real property claim as required by Code of Civil Procedure section 405.31 and presents evidence supporting the probable validity of that claim under section 405.32. But it does not address the basis for this motion. The court expunged plaintiffs first notice of pending action. Under section 405.36, plaintiff could not record another one without first getting leave of court.
SOCA, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY VS XCLUSIVE MANAGEMENT DETAILING INC., A CALIFORNIA CORPORATION, ET AL.
23STCV24605
Jun 25, 2024
Los Angeles County, CA
Code of Civil Procedure section 405.31 provides that “the court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim. The court shall not order an undertaking to be given as a condition of expunging the notice where the court finds the pleading does not contain a real property claim.” Defendant is not requesting that the lis pendens be expunged in its entirety.
TOSO, SHELDON V. AIROLA, DELORIS J, ET AL.
17CV42757
Oct 24, 2019
Calaveras County, CA
Mar 15, 2005
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
Commercial
Breach of Contract
Jul 09, 2004
Trial Verdict
Hon. Unknown Judicial Officer
Stanley Mosk Courthouse
Los Angeles County, CA
Other Professional Malpractice (not medical or legal) (General Jurisdiction)
Torts
Malpractice
Jan 23, 2017
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
Commercial
Breach of Contract
Aug 30, 2010
Dismissal
Fresno County
Fresno County, CA
Oct 22, 2010
Dismissal
Fresno County
Fresno County, CA
Section 405.30.
Section 405.32.
7 pages
Co Om YN DH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 gf San Franei---'Parnt Simerigr Court JUN 17 2022 CLE oe THE COURT : By. oud 4 ) Deputy Cleric ' SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO In the Matter of the Case No.: PTR-21- 304750 AVINOAM MANDELBROT FAMILY ORDER DENYING RESPONDENT’S MOTION TO EXPUNGE NOTICES OF PENDANCY OF ACTION; ALTERNATIVELY TO REQUIRE PETITIONERS TO FILE UNDERTAKING; ALTERNATIVELY FOR TRUSTEE TO POST UNDERTAKING TRUST dated…
Aug 30, 2021
San Francisco County, CA
Jun 17, 2022
NOTICE TO CREDITORS
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Probate Division Stanley Mosk Dept. - 9 20STPB09937 In re: Grubbs, Edward Curtis, III - Decedent December 30, 2022 9:30 AM Honorable Ruben Garcia, Jud…
Nov 30, 2020
Statistical Disposition 04/04/2022
Los Angeles County, CA
Dec 30, 2022
Decedent's Estate (General Jurisdiction)
8 pages
Nathan L. Scheg (SBN 197282) Email: nathan@ironhorselawgroup.com Jacob B. Hirsch (SBN 322199) Email: jacob@ironhorselawgroup.com IRONHORSE LAW GROUP, P.C. A Professional Law Corporation 2121 N. California Blvd., Suite 290 ‘Walnut Creek, CA 94596 Telephone: (925) 399-6108 Facsimile: (925) 215-8427 Attorneys for Defendant and Cross-Complainants: DANIEL ERIC ZEPPONI DAVID FRANCIS ZEPPONI MICHAEL PAUL ZEPPONI PETER ANTHONY…
2 pages
1 GEORGE P. ESHOO, ESQ., SBC #39081 Law Offices Of George P. Eshoo & Associates 2 702 Marshall Street, Suite 500 Redwood City, CA 94063 3 Tel: (650) 364-7030 6/6/2023 Fax: (650) 364-7033 4 georgeeshoo@aol.com 5 Attorneys for Defendant 32 & Bruce Partners LLC 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF BUTTE- UNLIMITED JURISDICTION 9 10 XINMIN XUE, an…
(No Case Name Available)
5 pages
SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER llias Taptelis vs Quality Loan Service Corporation et al Hearing Start Time: 9:00 AM 20CV372905 Hearing Type: Motion: Order Date of Hearing: 07/21/2022 Comments: 9 Heard By: Takaichi, Drew C Location: Department 2 Courtroom Reporter: - No Court Reporter Courtroom Clerk: Farris Bryant Court Interpreter: Court Investigator: Parties Present: Future Hearings: Exhibits: - to Expunge the Second Lis Pendens by Defs Homeward Opportun…
Santa Clara County, CA
Jul 21, 2022
Other Real Property Unlimited (26)
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