Judge: Lee W. Tsao, Case: 21NWCV00698, Date: 2024-08-15 Tentative Ruling

Case Number: 21NWCV00698    Hearing Date: August 15, 2024    Dept: C

Brian Joseph vs James D Honodel, et al., Case No.: 21NWCV00698

This is an action for Quiet Title. Defendants James D. Honodel and Marina Honodel apply ex parte for an order expunging Notice of Pendency of Action and for Attorney’s Fees and Costs.

Defendants contend Plaintiff Brian Joseph has improperly failed to withdraw his Lis Pendens recorded against the title of their property despite agreeing to do so in the settlement of this action, and despite having received $200,000 from Defendants.  Defendants argue Plaintiff insists that Defendants must pay him an additional $150,000 before he will withdraw the lis pendens.  Defendants also argue that they will be irreparably harmed because they are currently in escrow for the sale of their home and escrow cannot close until the Notice of Pending Action filed by Plaintiff is ordered expunged from the title of Defendants’ property.

The ex parte application is DENIED.  On June 11, 2024, the Court on its own motion dismissed this lawsuit in its entirety because all issues had been resolved.  The Court found that Plaintiff vacated the property on April 14, 2024 and he has received the funds pursuant to the January 18, 2024 settlement agreement.  Furthermore, a dismissal was filed on May 2, 2024 in the unlawful detainer case.  There is no indication the Court has retained jurisdiction to enforce settlement pursuant to CCP § 664.6.  Moving party to give notice.