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Lis Pendens

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Di Martini v. Superior Court (2024) 98 Cal. App. 5th 1269

Plaintiff filed Action #1 against DiMartini and recorded a lis pendens.  DiMartini's motion to expunge the lis pendens was granted because the action sought to enforce an arbitration award and did not allege a real property claim.  After abandoning Action #1, plaintiff filed Action #2 and again recorded a lis pendens.  This decision holds that under CCP 405.36, a plaintiff… Read More

Homeward Opportunities Fund I Trust 2019-2 v. Taptelis (2023) 314 Cal.Rptr.3d 391Rehearing Granted, Opinion Not Citeable November 13, 2023

Before a nonjudicial foreclosure sale, the borrower/owner filed a worngful foreclosure suit against the deed of trust beneficiary and recorded a lis pendens.  This case holds that the purchaser at the nonjudicial foreclosure sale who thereafter brought an unlawful detainer action against the borrower/owner was wrongly awarded judgment because it did not prove it duly perfected title given the lis… Read More

Shoker v. Superior Court, No. A163711, 2022 Cal. App. LEXIS 625 (Ct. App. July 15, 2022)

Reasoning that Kirkeby v. Superior Court (2004) 33 Cal.4th 642 impliedly overruled BGJ Associates v. Superior Court (1999) 75 Cal.App.4th 952, this decision holds that when a plaintiff seeks to impose a constructive trust on specific property so as to become (again) the owner of that property wrongfully taken from him, the action "affects title to real property" sufficiently so… Read More

Integrated Lender Services, Inc. v. County of Los Angeles

by Jan T. Chilton |

A prosecutor may freeze and seize a criminal defendant's assets to pay restitution or a restitution fine ordered as part of a criminal sentence for certain white-collar crimes, but the resulting property interest is only defensible against a later transferee of the property if the county finishes the procedure and perfects its lien. Read More