Judge: Erick L. Larsh, Case: 2023-01336192, Date: 2023-08-03 Tentative Ruling

Defendants Milton Best and Lorraine Best’s motion to expunge lis pendens is CONTINUED to September 7, 2023 at 1:30 p.m.  (Code Civ. Proc., § 405.30 [authorizing motion].)

The court finds that Plaintiff Rick Glassman’s Complaint states a real property claim.  (Code Civ. Proc., § 405.31 [“real property claim” includes claim that if meritorious “would affect … title to … specific real property”]; Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 648 [court’s review of pleadings]; Complaint, ¶ 16, and Prayer for Damages, ¶ 1.)

The hearing is CONTINUED for Plaintiff to have an opportunity to provide evidence showing the probable validity of his real property claim.  (Code Civ. Proc., §§ 405.30, 405.32 [lis pendens claimant has burden of showing probable validity of real property claim by a preponderance of evidence].)

Plaintiff may file and serve an Opposition to the motion, supported by evidence and limited to 15 pages, by August 24, 2023, and Reply by August 31, 2023.  Defendants may then file and serve a Reply, limited to 10 pages.

Moving defendants shall give notice.