CHARLES LI VS. THAI MING CHIU et al

Real Property/Housing Court Motion calendar for October 17, 2025, line 1. Tu's Motion to Expunge Lis Pendens is DENIED.

Moving party moves to expunge the lis pendency on two distinct grounds according to the Notice of Motion. An additional basis for expungement in listed in the Points and Authorities, but not in the notice.

The legal argument in the Points and Authorities opens up with reference to CCP 405.30, however moving party failed to show compliance with the entirety of this code section or cite any authority for the proposition that the moving party is excused from compliance. The Court also notes that, based on the arguments advanced by the moving party, their interest in the real property is not affected by the lis pendens, as their interest pre-dates the lis pendens and because the purpose of the lis pendens has now been satisfied, Plaintiff having obtained a judgement. Moving party fails to cite any cases for the proposition that failure to file a lis pendens with the Court results in a void lis pendens. The section of the Points and Authorities regarding compliance with CCP 405.22 is devoid of any case citations. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.

Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear. | |