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405.34.
Subject to the provisions of Sections 405.31 and 405.32, at any time after a notice of pendency of action has been recorded, and regardless of whether a motion to expunge has been filed, the court may, upon motion by any person with an interest in the property, require the claimant to give the moving party an undertaking as a condition of maintaining the notice in the record title. However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the person moves to require an undertaking. The court may permit evidence to be received in the form of oral testimony and may make any orders it deems just to
provide for discovery by any affected party. An undertaking required pursuant to this section shall be of such nature and in such amount as the court may determine to be just. In its order requiring an undertaking, the court shall set a return date for the claimant to show compliance and if the claimant fails to show compliance on the return date, the court shall order the notice of pendency of action expunged without further notice or hearing.Recovery on an undertaking required pursuant to this section may be had in an amount not to exceed the undertaking, pursuant to Section 996.440, upon a showing (a) that the claimant did not prevail on the real property claim and (b) that the person seeking recovery suffered damages as a result of the maintenance of the notice. In assessing these damages, the court shall not consider the claimant’s intent or the presence or absence of probable cause.
The Court notes that these cases discussed an earlier version of the law, however, the Court finds that the discussions of damages resulting from a lis pendens and damages recoverable from an undertaking are applicable to requests for undertaking under section 405.34. In addition, the end of section 405.34 provides for “damages as a result of the maintenance of the notice” where the claimant is not successful in their real party claim.
JOSEPH P SIMINI VS. JOSEPH CAMACHO
MSC16-02071
Apr 12, 2017
Contra Costa County, CA
However, here, Defendant argues that Plaintiff is improperly trying to take on the role of the moving party under Section 405.34, which if applied according to its provisions, would mean that Plaintiff seeks a bond from itself. Defendant argues that there is no authority for Plaintiff to be in the role of moving party under Section 405.34, and then act as though Defendant is the moving party to be required to accept an undertaking to allow Plaintiff to keep a lis pendens.
DRAKK HOLDINGS, LLC VS PSIP SN VERMONT LLC
20TRCV00847
Mar 06, 2023
Los Angeles County, CA
Defendant Royalty Investment Properties, LLC's unopposed motion for posting of undertaking is granted pursuant to Code of Civil Procedure section 405.34. Judicial notice is granted as requested. For the reasons set forth above, the court finds an undertaking to protect Royalty is necessary to prevent further harm. Plaintiff shall post an undertaking in the amount of $75,000 within 10 days.
PRECIADO VS NATIONSTAR MORTGAGE LLC
37-2018-00010762-CU-OR-CTL
Sep 06, 2018
San Diego County, CA
Real Property
other
(Code of Civil Procedure section 405.34.) ///
ALEXANDER, MARC ET AL VS. MURRAY, LANCE ET AL
S-CV-0041352
Oct 04, 2018
Placer County, CA
Contract
Breach
The Official Code Comments section 405.34 provide that: 1. The last sentence of Former CCP 409.1 authorized a court to require the proponent of a lis pendens to give the other party an undertaking as a condition of denial of an expungement motion. This section continues the court's authority to order the claimant to give an undertaking, but allows the court to order an undertaking on motion independent of a motion to expunge.
STEVE CANCHOLA, ET AL. V. MERRILL & ASSOCIATES REAL ESTATE, ET AL.
18CVP-0158
Apr 22, 2021
San Luis Obispo County, CA
Apr 26, 2013
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
Commercial
Breach of Contract
Mar 16, 2005
Trial Verdict
Glendale Courthouse
Los Angeles County, CA
Othr Breach Contr/Warr-not Fraud (General Jurisdiction)
Commercial
Breach of Contract
Apr 04, 2024
Active
Superior
San Diego County, CA
Breach of Contract/Warranty
Commercial
Breach of Contract
Oct 14, 2015
Judgment on Appeal
Superior
Los Angeles County, CA
Quiet Title (General Jurisdiction)
Property
Quiet Title
Skylar L. Gauss 1687 N El Molino Ave. ELECTRONICALLY FILED Pasadena, CA 91104 Superior Court of California Telephone: (805) 452-7025 County of Santa Barbara Darrel E. Parker, Executive Officer Aaron Valdis Gauss 11…
~ —_ SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER Date: October 4, 2018 Time: 8:30 AM Judge: Todd Irby Dept-bir 3" 2 Reporter: Clerk: Y. …
Placer County, CA
Oct 04, 2018
SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER Date: October 4, 2018 Time: 8:30 AM Judge: Todd Irby Dept.~EM = 2 Reporter: Clerk: f\. Moa MIC Mev 71 Alexander, Marc etal vs. Murray, Lance etal Ki …
Placer County, CA
Oct 03, 2018
David J. Bowie (SBN 50167) Eric C. Schaffer (SBN 221883) BOWIE & SCHAFFER 2255 Contra Costa Blvd, Suite 305 Pleasant Hill, CA 94523 Telephone (925) 939-5300 Facsimile (925) 609-9670 Attorneys for Defendants, 2012 Canrow Owner, LLC and Medallion Servicing, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY 10 …
Monterey County, CA
Aug 09, 2023
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
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