Judge: Michael Shultz, Case: 24PSCV03123, Date: 2025-05-08 Tentative Ruling
DEPARTMENT 40 - MICHAEL J. SHULTZ - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. 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) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) 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 email is necessary and all parties should appear at the hearing in person or by Court Call.
Case Number: 24PSCV03123 Hearing Date: May 8, 2025 Dept: 40
23STCV06642 Joseph Salazar v. JP Morgan Chase Bank, N.A.
et al.
[TENTATIVE] ORDER GRANTING MOTION TO
EXPUNGE LIS PENDENS AND FOR FEES AND COSTS FILED BY DEFENDANT, JAMIE L. YIANG,
AS TRUSTEE OF KINGLAKE TRUST
I.
BACKGROUND
The complaint, filed on September 19, 2024, alleges that
Defendants unlawfully foreclosed upon and sold real property owned by Plaintiff
located in Diamond Bar, California. Plaintiff alleges 10 causes of action for:
Defendant, Jamie L. Yiang, Trustee of Kinglake Trust
(“Defendant”), moves to strike the notice of pendency of action recorded by
Plaintiff, who does not have standing to file it since summary judgment was
entered in Defendant’s favor in the unlawful detainer action bearing Case No. 24WCUD00650
(“UD action”). Defendant obtained possession of the premises on August 20,
2024. As Plaintiff no longer has possessory interest, he cannot file a lis
pendens, which has detrimentally and substantially interfered with the
Defendants’ ability to sell the real property.
Defendant
timely served the motion on Plaintiff, who did not file an opposition.
II. LEGAL
STANDARDS
Upon
commencement of a quiet title action, a notice of pendency of action is
required to be recorded. (Code
Civ. Proc., § 761.010.) A lis pendens is a recorded instrument
that gives constructive notice of a pending lawsuit affecting title to or
possession of real property. (Code
Civ. Proc., § 405.4.) The practical effect of the document is to
prevent the real property’s transfer until the litigation is resolved or the
lis pendens is expunged or released. (J&A
Mash & Barrel, LLC v. Superior Court of Fresno County
(2022) 74 Cal.App.5th 1, 15.)
The court
shall expunge the lis pendens if the
complaint does not contain a real property claim or the claimant has not
established by a preponderance of evidence the probable validity of the real
property claim. (Code
Civ. Proc., §§ 405.31, 405.32.) A
“real property claim” is one affecting title to or the right to possession of
specific real property. (Code Civ. Proc., § 405.4.) A lis pendens is required
to be filed in quiet title actions. (Code Civ. Proc., § 761.010 (b).)
To determine
whether the complaint states a real property claim, the court considers the
allegations of the complaint only; no independent evidence is required. (Urez
Corp. v. Superior Court (1987) 190 Cal.App.3d 1141, 1149 [“The issue is
simply whether the action as pleaded is one that affects title or possession of
the subject property.”]. (Id.)
The real
property claimant has the burden of establishing the probable validity of the
real property claim, defined as "more
likely than not that the claimant will obtain a judgment against the defendant
on the claim" by a preponderance of evidence. (Code
Civ. Proc., § 405.3; Code
Civ. Proc., § 405.32.) Plaintiff can meet his burden of
establishing that the complaint has merit “by competent material allegations in
a verified complaint, by affidavit, or by other proof allowed by the trial
court.” (McKnight
v. Superior Court (1985) 170 Cal.App.3d 291, 299.)
III. DISCUSSION
The court
grants Defendant’s request for judicial notice of the lis pendens recorded
on October 17, 2024. The court denies Defendant’s request for judicial notice
of the records filed in the UD action, as the UD action is not relevant to the
court’s disposition of this motion.
Defendant does
not cite any authority that Plaintiff lacks standing to file a lis pendens
based on Plaintiff’s lack of possession of the real property. Rather, as noted
previously, a lis pendens can be recorded so long as Plaintiff alleges a
real property claim. The complaint alleges a claim for quiet title, which is a
real property claim.
Plaintiff,
however, has not filed an opposition. Therefore
Plaintiff has not met the burden of proving a probable validity of prevailing
on the merits by a preponderance of evidence. (Park
100 Investment Group II, LLC v. Ryan (2009) 180 Cal.App.4th 795,
808
["the court shall order that the notice be expunged if the court finds
that the claimant has not established by a preponderance of the evidence the
probable validity of the real property claim."].)
Defendant is
entitled to an award of attorney’s fees and costs as the prevailing party on
this motion. Plaintiff, as the real property claimant, has not shown that
Plaintiff acted with substantial justification, or other circumstances make
imposition of the award unjust. (Code
Civ. Proc., § 405.38.) Accordingly, the court awards attorney’s
fees and costs of $2,060 (4 hours x $500 per hour + $60.)
IV. CONCLUSION
Based on the
foregoing, Defendant’s motion is GRANTED. The court expunges the notice of
pendency of action recorded in the Recorder’s Office on October 17, 2024,
bearing document number 20240708106. (RJN, Ex. E.) Plaintiff is ordered to pay $2,060
in fees and costs to Defendant, Jamie L. Yiang, as Trustee of Kinglake Trust, within
30 days.