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405.30.
At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. 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 party brings the motion to expunge the notice. Evidence or declarations may be filed with the motion to expunge the notice. 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 party affected by a motion to expunge the
notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.
As noted above, CCP section 405.30 imposes the burden on the Plaintiff to establish that the pleadings contain a real property claim and the probable validity of the real property claim because she recorded the lis pendens. Since Plaintiff did not file any opposition papers, Plaintiff did not meet her burden under CCP section 405.30.
ROSA HERRERA VS JOSE ONTIVEROS JR, ET AL.
20STCV00961
Sep 20, 2023
Los Angeles County, CA
Once recorded, any party with an interest in the property can move to expunge the lis pendens pursuant to the procedure set forth in section 405.30 . ( Id . at p. 16.)
SERENA ANN BELL VS VIOLET SCHMID AS TRUSTEE FOR THE GERALD AND VIOLET SCHMJD TRUST, ET AL.
22AHCV00098
Aug 01, 2022
Los Angeles County, CA
Under Code of Civil Procedure section 405.30, “at any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice.” If a nonparty, they must first seek leave to intervene before bringing the motion. (Ibid.)
LU VS DOS LAGOS REGIONAL CENTER, LLC
CVRI2104945
Jan 04, 2023
Riverside County, CA
Analysis California Code of Civil Procedure section 405.30 permits a party to, at any time after notice of pendency of action has been recorded, apply to the court in which the action is pending to expunge the notice. CCP § 405.30.
HE VS MERIDIAN
MSC21-00846
Jan 09, 2023
Contra Costa County, CA
Plaintiff Sacramento Equity Fund VX, LLC’s request to conduct limited discovery pursuant to Code of Civil Procedure section 405.30 is GRANTED. (Code Civ. Proc., §§ 405.1, 405.30.)
CV-2023-1138
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