405.33.
In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the real property claim has probable validity, but adequate relief can be secured to the claimant by the giving of an undertaking. The expungement order shall be conditioned upon the giving of the undertaking of such nature and in such amount as will indemnify the claimant for all damages proximately resulting from the expungement which the claimant may incur if the claimant prevails upon the real property claim. In its order conditionally expunging the notice, the court shall set a return date for the moving party to show fulfillment of the condition,
and if the moving party fails to show fulfillment of the condition on the return day, the court shall deny the motion to expunge without further notice or hearing. Recovery may be had on the undertaking pursuant to Section 996.440.
For purposes only of determining under this section whether the giving of an undertaking will secure adequate relief to the claimant, the presumption of Section 3387 of the Civil Code that real property is unique shall not apply, except in the case of real property improved with a single-family dwelling which the claimant intends to occupy.
Section 405.33 provides a procedure and, to respond to the City’s argument, also provides a standard for determination. However, raising section 405.33 for the first time in reply—especially where the original request was made by ex parte application—does not provide the City the opportunity to address the potential application of this section.
PEOPLE OF THE STATE OF CALIFORNIA ET AL VS DARIO L PINI ET AL
17CV00718
Dec 06, 2021
Santa Barbara County, CA
Standard Code of Civil Procedure Section 405.37 provides: “After notice and hearing, for good cause and upon such terms as are just, the court may exonerate or modify any undertaking required by an order issued pursuant to Section 405.33 or 405.34 .... An order of the court under this section may be made conditional upon the giving of a new undertaking under Section 405.33 or 405.34.”
LISE STRANDGAARD VS. PETER HARPER, ET AL
CV2100203
Oct 21, 2023
Marin County, CA
Standard Code of Civil Procedure Section 405.37 provides: “After notice and hearing, for good cause and upon such terms as are just, the court may exonerate or modify any undertaking required by an order issued pursuant to Section 405.33 or 405.34 .... An order of the court under this section may be made conditional upon the giving of a new undertaking under Section 405.33 or 405.34.”
LISE STRANDGAARD VS. PETER HARPER, ET AL
CV2100203
Oct 20, 2023
Marin County, CA
Standard Code of Civil Procedure Section 405.37 provides: “After notice and hearing, for good cause and upon such terms as are just, the court may exonerate or modify any undertaking required by an order issued pursuant to Section 405.33 or 405.34 .... An order of the court under this section may be made conditional upon the giving of a new undertaking under Section 405.33 or 405.34.”
LISE STRANDGAARD VS. PETER HARPER, ET AL
CV2100203
Oct 22, 2023
Marin County, CA
Standard Code of Civil Procedure Section 405.37 provides: “After notice and hearing, for good cause and upon such terms as are just, the court may exonerate or modify any undertaking required by an order issued pursuant to Section 405.33 or 405.34 .... An order of the court under this section may be made conditional upon the giving of a new undertaking under Section 405.33 or 405.34.”
LISE STRANDGAARD VS. PETER HARPER, ET AL
CV2100203
Oct 19, 2023
Marin County, CA
Jun 14, 1999
Dismissal
Hon. Master Calendar
Van Nuys Courthouse East
Los Angeles County, CA
Other Compl-not Tort or Complex (General Jurisdiction)
Aug 04, 2016
Dismissal
San Diego County
San Diego County, CA
Breach of Contract/Warranty
Commercial
Breach of Contract
Section 405.32.
Section 405.34.
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
4 pages
Electronically FILED by Superior Court of California, County of Los Angeles on 08/29/2022 03:41 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Parenteau,Deputy Clerk 1 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 2 RYAN W. SMITH (BAR NO. 272361) JOSEPH L. MCGEADY (BAR NO. 308408) 3 LUCAS A. URGOITI (BAR NO. 333452) 2010 Main Street, 8th…
Los Angeles County, CA
Aug 29, 2022
Quiet Title (General Jurisdiction)
8 pages
DRISKELL & GORDON John L. Gordon, Esq. SBN 200912 180 N. Glendora Ave., Ste. 201 Glendora, CA 91741 (626) 914-7809 (626) 335-7091 FAX Attorneys for Objector Danielle Joy Nevitt SUPERIOR COURT OF THE STATE OF CALIFORNIA. FOR THE COUNTY OF SANTA BARBARA BRYANT DOUGLAS NEVITT, Case No.: 23CV00907 an individual DEFENDANT’S OPPOSITION TO Plaintiff PLAINTIFF’S EX PARTE APPLICATION FOR AN ORDER TO ALLOW PLAINTIFF TO RECORD A NOTICE OF PENDENCY OF ACTION; MEMORANDUM OF POINTS| AND AUTHORITIES…
8 pages
ELECTRONICALLY FILED Superior Court of California County of Santa Barbara DRISKELL & GORDON Darrel E. Parker, Executive Officer John L. Gordon, Esq. 3/15/2023 10:10 AM SBN 200912 By: Madelyn Mercer , Deputy 180 N. Glendora Ave., Ste. 201 …
2 pages
1 MARK J. ROMEO SBN 112002 LAW OFFICES OF MARK J. ROMEO 2 601 Montgomery Street, Suite 400 San Francisco, CA 94111 3 Telephone: (415) 395-9315 Facsimile: (415) 288-9755 4 mark@markromeolaw.com 5 Attorneys for Intervenor BREAKING GROUND, LP …
San Mateo County, CA
Oct 06, 2022
Swope, V
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