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Sample opposition to motion to expunge lis pendens in California.

Sample Opposition to Motion to Expunge Lis Pendens in California

$32.49 Sale

Sample Opposition to Motion to Expunge Lis Pendens in California.

This sample opposition to a motion to expunge a Lis Pendens in California is filed on the grounds that (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 section 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 section 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.

The opposition also requests  sanctions against the moving party pursuant to Code of Civil Procedure section 405.38 on the grounds that the moving party filed the motion to expunge the Lis Pendens without a showing of good cause or substantial justification.

The sample has been revised and updated in 2019, is 13 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Sample declaration, and
  • Proof of service.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.