Judge: Melissa R. Mccormick, Case: White v. Hay, Date: 2022-08-18 Tentative Ruling

Plaintiff Mark White’s Motion for Leave to Re-record Lis Pendens

Plaintiff Mark White moves for leave to re-record a lis pendens following the court’s March 17, 2022 order granting defendants’ motion to expunge the lis pendens plaintiff previously recorded against the property at issue (6188 Paseo Del Prado, Yorba Linda, California, 92887).  See 3/17/22 Order.  For the following reasons, plaintiff’s motion is denied.

“Once a notice of pending action has been expunged, the claimant may not record another notice of pending action as to the affected property without leave of the court in which the action is pending.”  Cal. Civ. Proc. Code § 405.36.

Plaintiff argues the court should permit him to re-record a lis pendens against the property because plaintiff allegedly has remedied the “technical issues” plaintiff contends caused the court to grant defendants’ motion to expunge.  Plaintiff offers no evidence or argument he has established by a preponderance of the evidence the probable validity of any real property claim.  Cal. Civ. Proc. Code § 405.32 (court shall order notice of lis pendens expunged “if court finds that the claimant has not established by a preponderance of the evidence the probable validity of the real property claim”); see also Cal. Civ. Proc. Code § 405.3 (probable validity, with respect to a real property claim, “means that it is more likely than not that the claimant will obtain a judgment against the defendant on the claim”).  Without such a showing, the court has no basis on which to conclude plaintiff should be permitted to re-record a lis pendens against the property.

Defendants’ request for an award of attorneys’ fees is granted.  Cal. Civ. Proc. Code § 405.38.  Plaintiff Mark White shall pay defendants Sheldon Hay and Michael Hay $1,125.00 by September 1, 2022.

Defendants to give notice.