CALIFORNIA FAMILY LAW
...Family Residence/Real Property
......Lis Pendens [Notice of Pendency of Action]
.........Expungement
11 Cards On This Topic:

Court may expunge lis pendens, unless recording party shows action contains real property claim and that such claim is probably valid.

Order denying motion to expunge lis pendens improper where the lis pendens was completely void and subject to expungement because service was improper, and no undue delay in seeking expungement occurred.

Party to pending arbitration may not record a notice of lis pendens without first filing a civil action in superior court.

As condo buyers had ••at least•• a 'probably valid' claim, trial court required to vacate order expunging lis pendens.

Trial ct. erred in allowing buyers to deduct their $250K attorney fee award off the top of sellers' $540K purchase price.

CCP 405.32 required trial ct. to grant motion to expunge lis pendens pending appeal in wake of claimants' defeat in trial court.

Lis pendens should be expunged if complaint has no merit.

Lis pendens are often filed to coerce settlements. Intent is to restrict, rather than expand, the remedy.

Error to expunge when service requirements substantially complied with and owners received actual notice.

Court's permission required to file second lis pendens after first expunged.

Failure to comply with service and filing requirements are grounds for expungement.