Judge: Armen Tamzarian, Case: 24STCV19220, Date: 2024-11-15 Tentative Ruling

Case Number: 24STCV19220    Hearing Date: November 15, 2024    Dept: 52

Plaintiffs’ Motion to Expunge Notice of Pendency of Action and Request for Attorneys’ Fees

Plaintiffs Union Home Loan Profit Sharing Plan, et al., move to expunge the notice of pendency of action defendants Pure Energy 369, LLC, Arthur Becerra, Melina Becerra, and Antonio Becerra filed in another action, Pure Energy 369, LC v. Union Home Loan, et al., No. 23STCV20798. 

Plaintiffs’ motion is defective.  Code of Civil Procedure section 405.30 provides, “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice.”  Plaintiffs did not apply to the court in which the action is or was pending.  That action, though dismissed, was pending in Department 78 before Judge Feeney.  Moreover, the agreement to settle that action provides that the court retains jurisdiction to enforce the agreement under Code of Civil Procedure 664.6.  (Curd Decl., Ex. 1, ¶ 11.)  Plaintiffs provide no authority that this court can, in a separate action, expunge the notice of pendency of action filed in a different action before a different court. 

Attorney Fees

            In their opposition, defendants request $3,825 in attorney fees for opposing this motion.  Code of Civil Procedure section 405.38 provides, “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.” 

The court finds plaintiffs acted with substantial justification.  Though they filed this motion in the wrong action, plaintiffs presented a reasonable argument on the merits for expunging the lis pendens.

Disposition

            Plaintiffs’ motion to expunge notice of pendency of action is denied. 

Plaintiffs are ordered to file a notice of related case in this action and in case No. 23STCV20798 forthwith.