Opposing a request for expungement of a Lis Pendens in California is the topic of this blog post.
All documents opposing a request for expungement of a Lis Pendens in California must be filed and served least nine (9) Court days before the hearing unless the court has ordered otherwise. The opposition should be served by personal service, overnight mail or a courier service that provides overnight delivery pursuant to Code of Civil Procedure section 1005.
If you have been served with a motion requesting expungement of a Lis Pendens in California the first thing you need to do is to carefully review the motion and supporting documents to determine if the moving party has any valid grounds for expunging the Lis Pendens.
Grounds for opposing a request for expungement of a Lis Pendens in California.
Common grounds for opposing a request for expungement of a Lis Pendens in California are:
(1) plaintiff has met their burden of showing that the complaint or cross-complaint states a real property claim as defined in Code of Civil Procedure § 405.4 as the causes of action affect the title to, or right to possession of specific real property,
(2) plaintiff has met their burden of showing the probable validity of their claim as defined in Code of Civil Procedure § 405.3 as they have shown that it is more likely than not that they will obtain a judgment against the defendant on the claim.
Code of Civil Procedure § 405.20 states that, “A party to an action who asserts a real property claim may record a notice of pendency of action in which that real property claim is alleged. The notice may be recorded in the office of the recorder of each county in which all or part of the real property is situated. The notice shall contain the names of all parties to the action and a description of the property affected by the action.”
Code of Civil Procedure § 405.3 states that, “Probable validity,” with respect to a real property claim, means that it is more likely than not that the claimant will obtain a judgment against the defendant on the claim.”
Code of Civil Procedure § 405.4 states in pertinent part that, "Real property claim" means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property.”
A California Court of Appeal stated in a recently published decision that in determining whether a complaint states a real property claim involves a review of whether or not the pleadings are adequate and does not normally involve issues with evidence.
The prevailing party in any motion to expunge a Lis Pendens in California may be entitled to sanctions pursuant to Code of Civil Procedure § 405.38 which states that, “The court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney’s fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney’s fees and costs unjust.”
Sample opposition to a request for expungement of a Lis Pendens in California for sale.
Attorneys or parties in California that would like to view a portion of a sample 13 page opposition to a request for expungement of a Lis Pendens in California and request for sanctions containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.