Judge: Melvin D. Sandvig, Case: PC049974, Date: 2024-09-25 Tentative Ruling

Case Number: PC049974    Hearing Date: September 26, 2024    Dept: F47

MOTION TO EXPUNGE LIS PENDENS

Motion filed on 2/5/24.

MOVING PARTY: Intervenor U.S. Bank Trust National Association, solely as Trustee for RCF 2 Acquisition Trust

RESPONDING PARTY: Plaintiff Carol Wyatt Berkley

NOTICE: ok

RELIEF REQUESTED: An order expunging the Notice of Pendency of Action recorded by Plaintiff on 1/20/11 in the Los Angeles Recorder’s Office as Instrument No. 20110109235 (Lis Pendens).

RULING: The motion is granted. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

On 1/13/11, Plaintiff Carol Wyatt Berkley (Plaintiff), representing herself, filed this action against various defendants regarding real property commonly known as 12750 Daventry St., Pacoima, California 91331 (the Property).  On 1/20/11, Plaintiff recorded a Notice of Pendency of Action in the Los Angeles County Recorder’s Office as Instrument Number 20110109235 which gives notice of a suit affecting the Property.  (Davieau Decl. ¶5, Ex.A).  On 1/31/11, while still representing herself, Plaintiff filed a First Amended Complaint.  On 2/24/11, Plaintiff substituted in attorney Wilma R. Shanks to represent her in this action.  On 6/8/11, attorney Shanks on behalf of Plaintiff filed a Request for Dismissal of the entire action with prejudice which was entered that day.  (Davieau Decl. ¶6). 

On or about 10/17/14, the beneficial interest in the Deed of Trust encumbering the Property was assigned from JPMorgan Chase Bank, National Association to NRZ Pass-Through Trust IV, U.S. Bank National Association as Trustee, and a Corporate Assignment of Deed of Trust was recorded on 10/17/14 in the Los Angeles County Recorder’s Office as Instrument Number 20141097669.  (RJN, Ex.3).  On 2/14/22, the beneficial interest in the Deed of Trust was assigned to NRZ Pass-Through Trust VIII, which assignment was recorded on 2/17/22 as Instrument Number 20220196516.  (RJN, Ex.4).  Thereafter, on 11/9/23, the beneficial interest in the Deed of Trust was assigned to U.S. Bank Trust National Association, solely as Trustee for RCF 2 Acquisition Trust’s (U.S. Bank), which assignment was recorded on 12/21/23 as Instrument Number 20230899636.  (RJN, Ex.5). 

Plaintiff has failed to respond to U.S. Banks’s requests to withdraw the Lis Pendens.  (See Davieau Decl. ¶¶8-10).  Therefore, on 2/5/24, U.S. Bank filed (served on 2/1/24) a motion for an order allowing U.S. Bank to intervene in this action pursuant to CCP 387 for the sole and limited purpose of filing a Motion to Expunge the Notice of Pendency of Action recorded by Plaintiff in connection with this action.  No opposition or other response to the motion was filed and the motion was granted on 9/25/24.

On 2/5/24, U.S. Bank filed (served on 2/1/24) the instant motion seeking an order expunging the Notice of Pendency of Action recorded by Plaintiff on 1/20/11 in the Los Angeles Recorder’s Office as Instrument No. 20110109235 (Lis Pendens).  No opposition or other response to the motion has been filed. 

ANALYSIS

U.S. Bank’s Request for Judicial Notice (RJN) 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.  CCP 405.30.  As evidenced by the granting of U.S. Bank’s motion to intervene, U.S. Bank has an interest in the Property. 

A lis pendens may be expunged where the action does not present a real property claim or where the recording party cannot establish the probable validity of the real property claim.  CCP 405.31, 405.32.  This action was dismissed over 10 years ago as such there is no valid basis for the Lis Pendens which acts as a cloud on title to the Property.  Amalgamated Bank (2007) 149 CA4th 1003, 1011.  A motion to expunge lis pendens may be made in the trial court even after judgment has been entered.  Peery (1981) 29 C3d 837, 842.

CONCLUSION

The motion is granted.