California Laws|Section 405.32.

(CCP Section 405.32) Plaintiff fails to meet the “probably valid” prong of her burden. Court finds that Plaintiff has acted with substantial justification in withdrawing the lis pendens and opposing this motion, such that attorney fees are not justified. (CCP Section 405.38). Plaintiff can provide proof of a filed and conformed Notice of Withdrawal by e-mailing a copy to the court at: Dept4@riverside.courts.ca.gov and to opposing counsel.

If the claimant does plead a real property claim, but the claim pleaded has no evidentiary merit, the lis pendens must be expunged upon motion under [section] 405.32. By expressly distinguishing the concepts of pleading and evidence in this fashion, the statute makes clear that factual merit is also necessary to the maintenance of a lis pendens. ( Palmer v. Zaklama (2003) 109 Cal.App.4th 1367, 137778.) Therefore, the unopposed motion is GRANTED.

(Code of Civil Procedure section 405.32; Amalgamated Bank v. Superior Court (2007) 149 Cal.App.4th 1003, 1016.) It is the claimant who bears the burden of proof to establish the probable validity of its claims. (Code of Civil Procedure sections 405.30, 405.32.) Plaintiffs’ verified complaint and submitted declarations show that they entered into a lease agreement with an option to purchase the real property in 2015.