Judge: Richard S. Whitney, Case: 37-2022-00042847-CU-OR-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2022-00042847-CU-OR-CTL NATIONSTAR MORTGAGE LLC VS HOUSING AUTHORITY OF THE CITY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT HOUSING AUTHORITY OF THE CITY OF SAN DIEGO'S UNOPPOSED MOTION FOR AN ORDER EXPUNGING PLAINTIFF'S LIS PENDENS is GRANTED.

Defendant Housing Authority of the City of San Diego ('Defendant') seeks to expunge the lis pendens filed by Nationstar Mortgage LLC. Failure to file an opposition to the motion indicates Plaintiff MCLP Asset Company, Inc.'s ('Plaintiff') acquiescence that the motion is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) While it appears Plaintiff served Defendant with an opposition, since a rely was filed, the opposition was not filed with the Court.

'A party to an action who asserts a real property claim may record a notice of pendency of action in which that real property claim is alleged.' (Code Civ. Proc., § 405.20.) '[T]here is no entitlement to file a notice of lis pendens without a cause of action in a pleading that affects title to specific real property.' (Gale v. Superior Court (2004) 122 Cal.App.4th 1388, 1395.) 'In proceedings under this chapter, the court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim. The court shall not order an undertaking to be given as a condition of expunging the notice where the court finds the pleading does not contain a real property claim.' (Code Civ. Proc., § 405.31.) If the motion to expunge is based on the lack of a real property claim under CCP section 405.31, 'the court must engage in a demurrer-like analysis.' (Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647–648.) ''Real property claim' means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility.' (Code Civ. Proc., § 405.4.) A lis pendens may be expunged if the Court finds 'the claimant has not established by a preponderance of the evidence the probable validity of the real property claim.' (Code Civ. Proc., § 405.32.) 'The claimant shall have the burden of proof under Sections 405.31 and 405.32.' (Code Civ. Proc., § 405.30.) Plaintiff has the burden of proof to establish by a preponderance of the evidence the probable validity of the real property claim. 'The court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust.' (Code Civ. Proc., § 405.38.) Plaintiff has not met its burden to demonstrated probable validity of the real property claim. The unopposed motion is granted. Plaintiff does not dispute that the request for $7,933.00 in attorney's fees Calendar No.: Event ID:  TENTATIVE RULINGS

3093524  63 CASE NUMBER: CASE TITLE:  NATIONSTAR MORTGAGE LLC VS HOUSING AUTHORITY OF THE CITY  37-2022-00042847-CU-OR-CTL is reasonable. Defendant is awarded $7,933.00 against Plaintiff under CCP section 405.38.

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