Judge: Lynne M. Hobbs, Case: BC495828, Date: 2025-01-08 Tentative Ruling

Case Number: BC495828    Hearing Date: January 8, 2025    Dept: 61

NADY MAHDAVI VS. NASIR SHAIKH

TENTATIVE

The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificate Holders of CWALT, Inc., alternative loan trust 2005-27 Mortgage Passthrough Certificates Series 200-27’s Motion for Leave to Intervene and Expunge Lis Pendens is GRANTED.

Moving party to give notice.

ANALYSIS

MOTION FOR LEAVE TO INTERVENE

Moving party's request for judicial notice is granted.

“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. However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the party brings the motion to expunge the notice. Evidence or declarations may be filed with the motion to expunge the notice.” (Code Civ. Proc. § 405.30.)

The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied:

(A) A provision of law confers an unconditional right to intervene.

(B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.

(2) The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.

(Code Civ. Proc. § 387, subd. (d)(1)–(2).)

Nonparty Bank of New York Mellon (Bank) seeks leave to intervene to expunge the notice of lis pendens recorded in this matter on February 11, 2013, on certain real property on Avenue San Luis in Woodland Hills, California. Since the lis pendens was recorded, Bank obtained the property from Defendant via foreclosure sale on October 19, 2023. (RJN Exh. 6.) Bank argues that the underlying action on which the lis pendens is based has been dismissed, and therefore no claim on the property is pending any longer. (Motion at pp. 6–7.) 

Defendant has demonstrated that no real property claim is pending against the subject property, and therefore expungement of the lis pendens notice is warranted.

The motion is therefore GRANTED.