ROBERT ALIOTO ET AL VS. DARRICK CHAVIS ET AL

Matter on the DISCOVERY / LAW and MOTION CALENDAR for Thursday, Jul-23-2026. LINE 11. DEFENDANT'S MOTION TO EXPUNGE LIS PENDENS.

Defendants' motion to expunge lis pendens is granted. "In proceedings under this chapter, the court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim. The court shall not order an undertaking to be given as a condition of expunging the notice where the court finds the pleading does not contain a real property claim." (Code Civ. Proc., sec. 405.31.)

A real property claim for this purpose "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 or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility." (Id., sec. 405.4.)

Here, the eleventh cause of action claims wrongful eviction, but plaintiffs do not allege that an eviction has occurred. (SAC 86, 88.) Rather, they rely on Section 37.9 of the San Francisco Rent Ordinance in contending that the defendants have wrongfully endeavored to recover possession of the property from tenants. But their prayer for relief seeks only damages, attorneys' fees, and injunctive relief to prevent further interference with their possessory interest. Nothing in the prayer for relief affects their right of possession.

Plaintiffs rely primarily on Parker v. Superior Court (1970) 9 Cal.App.3d 397, 399, which holds that a leasehold interest qualifies as an interest under section 405.4. But Parker is a case where the ownership of the leasehold interest was in dispute between the parties. Here, the relief plaintiffs pray for would not alter their rights to possess the property as tenants. This result comports with the purpose of the lis pendens statute, which is to give recorded notice to potential buyers of a real property claim of which they might not otherwise be aware. Here, the tenants are in possession, which in itself gives notice of their possessory interest.

The court denies defendants' request for attorneys fees, finding that plaintiffs' position has substantial justification.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.