Judge: Holly J. Fujie, Case: 20STCV41858, Date: 2022-09-28 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 20STCV41858    Hearing Date: September 28, 2022    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

RESPONDING PARTY: Defendants McCarty Memorial Christian Church; Christian Church (Disciples of Christ) Pacific Southwest Region; Bruce Indermill; Branden Hendricks; and Lorenzo Johnson (collectively, “Defendants”)

The Court has considered the moving, opposition and reply papers.

BACKGROUND

This action arises out of a landlord/tenant relationship.  After ruling on various demurrers and motions to strike, the remaining causes of action in Plaintiff’s currently operative third amended complaint (the “TAC”) are: (1) trespass, (2) negligence per se; and (3) negligence.

On July 18, 2022, Plaintiff filed a motion for leave to record a notice of pendency of action (lis pendens) (the “Motion”).^[1]

DISCUSSION

Under California Code of Civil Procedure (“CCP”) section 405.20, a party to an action who asserts a real property claim may record a notice of pendency of action in which that real property claim is alleged.  (CCP § 405.20.)  A real property claim is one in which the cause or causes of action in a pleading which would, if meritorious, affect: (1) title to, or the right to possession of, specific real property; or (2) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility.  (CCP § 405.4.) 

An attorney of record in an action may sign a notice of pendency of action.  (CCP § 405.21.)  Alternatively, a judge of the court in which an action that includes a real property claim is pending may, upon request of a party thereto, approve a notice of pendency of action.  (Id.)  A notice of pendency of action shall not be recorded unless: (a) it has been signed by the attorney of record; (b) it is signed by a party acting in propria persona and approved by a judge as provided in this section;¿or (c) the action is subject to¿CCP section 405.6.  (Id.)

While Plaintiff’s claims arise out of a landlord/tenant relationship and concern her tenancy, the TAC does not state a real property claim.  Plaintiff’s negligence claims do not affect title to, or the right to possession of, specific real property.  The trespass claim likewise does not state a real property claim, as the cause of action arises out of discrete instances of alleged misconduct that occurred on November 30, 2017 and February 1, 2018.  (See TAC ¶ 102.)  Despite Plaintiff’s arguments about the applicability of rent control laws and Defendants’ ability to terminate her tenancy, the TAC does not presently allege any causes of action concerning these laws.  Accordingly, there is no proper basis for the recordation of a lis pendens. 

The Court therefore DENIES the Motion

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing. 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

  Dated this 28th day of September 2022