Judge: David A. Hoffer, Case: 30-2022-1243790, Date: 2022-10-31 Tentative Ruling

Defendants Christopher A. Cole, individually and as trustee of the Cole Family Trust, and Joan L. McGarry, individually and as trustee of the Cole Family Trust (“Defendants” together) Motion for Attorney Fees (“Motion”) is CONTINUED to a date after the completion of the arbitration.

The court granted the motion to expunge the lis pendens based upon its finding that plaintiff was unlikely to succeed on the merits (i.e., not based on some procedural issue or that the claim did not involve real property).  Should the plaintiff succeed at arbitration, it follows that the court would likely find the plaintiff acted with substantial justification in recording the lis pendens and therefore deny the motion.  Thus, the court declines to rule at the present time and continues the hearing until after an arbitration award is issued.

There is a status conference regarding ADR set for 1/5/23.  The court will reset the hearing (based on the progress of the arbitration) at this status conference.

Defendants are ordered to give notice of this ruling.