Motion for leave to intervene; Motion to expunge lis pendens
# Case Name Tentative
50.
51. Bat Nha Third party Scott Bergmann’s motions for leave to intervene Mediation and expunge lis pendens are GRANTED. The lis pendens Institute of recorded against real property located at 2482 Griffin Way, the United Corona, California is EXPUNGED. States of The requests for judicial notice are GRANTED. America v. Do Code of Civil Procedure section 405.30 explicitly permits “any party, or any nonparty with an interest in the real property 2024- affected thereby” to apply to the court to expunge a lis 01391930 pendens. However, the statute imposes a critical procedural requirement: “a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the party brings the motion to expunge the notice.” This intervention requirement ensures that the third party becomes a proper party to the proceedings before seeking relief.
A property owner whose property has been mistakenly encumbered by a lis pendens clearly has an interest in the real property, as the lis pendens “acts as a cloud against the property, effectively preventing sale or encumbrance until the litigation is resolved or the lis pendens is expunged.” Amalgamated Bank v. Superior Court (2007) 149 Cal.App.4th 1003.
Once intervention is granted, the third party has strong grounds for expungement. Code of Civil Procedure section 405.31 mandates that “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.” A “real property claim” is defined as “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.” Ca. Civ. Pro. Section 405.4. Where, as here, the underlying litigation does not involve the third party’s property at all— meaning the property was recorded on accidentally—then the pleading contains no real property claim as to that property.
Pursuant to C.C.P. § 405.38, the court orders plaintiff to pay intervenor Bergmann $1870 in attorney’s fees and costs in pursuing this matter with the court. Plaintiff shall make payment to intervenor through counsel of record within 30 days of notice of this ruling.
Bergmann shall give notice of this ruling.
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