Judge Serena R. Murillo, Case Number: 20STCV00961, Date: 2023-05-22 Tentative Ruling

Judge: Serena R. Murillo, Case: 20STCV00961, Date: 2023-05-22 Tentative Ruling

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Case Number: 20STCV00961 Hearing Date: September 20, 2023 Dept: 31

TENTATIVE

Defendant Jose Ontiveros Jr.’s motion to expunge the lis pendens is GRANTED. The notice of lis pendens recorded on 9926 Anzac Avenue and 1961 East Century Boulevard in Los Angeles, California is EXPUNGED. Plaintiff and counsel of record Jacob I. Mojarro are ordered to pay attorney’s fees and costs of $2,710, jointly and severally.

Legal Standard

Under CCP section 405.30, at any time after a notice of pendency of action has been recorded, any party with an interest in the real property may apply to the Court to expunge the notice. A lis pendens may be expunged either under CCP section 405.31 if the pleadings do not contain a real property claim or under CCP section 405.32 if the Court finds that the party claiming the lis pendens has not established by a preponderance of the evidence the probable validity of the real property claim. Under CCP section 405.30, the party claiming the lis pendens has the burden of proof of showing either that the pleadings contain a real property claim or that the probable validity of the real property claim can be established by a preponderance of the evidence. Since the Plaintiff recorded the lis pendens, she has the burden of demonstrating that her pleadings contain a real property claim and that the probable validity of their real property claims can be established by a preponderance of the evidence. "Probable validity" exists when "it is more likely than not that the claimant will obtain a judgment on the claim." (CCP section 405.3.)

Discussion

Real Property Claim and Probable Validity of Real Property Claim

Here, Plaintiff did not file an opposition. As noted above, CCP section 405.30 imposes the burden on the Plaintiff to establish that the pleadings contain a real property claim and the probable validity of the real property claim because she recorded the lis pendens. Since Plaintiff did not file any opposition papers, Plaintiff did not meet her burden under CCP section 405.30. As a result, the Court grants the motion and issues an order expunging the lis pendens recorded on the property at issue, 9926 Anzac Avenue and 1961 East Century Boulevard in Los Angeles, California.

Further, the purpose of a lis pendens is to give "constructive notice that an action has been filed affecting title or right to possession of the real property described in the notice." (BGJ Association, LLC v. Superior Court (1999) 75 Cal.App.4th 952, 966.) In this action, the Court has ruled in favor of Defendant Ontiveros and against Plaintiff by granting his motion for judgment on the pleadings as to the remaining causes of action against him without leave to amend. Since the action has been resolved against the Plaintiff, there is no action affecting title or right to possession of the real property. As a result, the notice of lis pendens is moot. This is additional grounds to expunge the lis pendens.

Request for Attorney’s Fees

Defendant also requests that the Court order Plaintiff and her counsel of record to pay attorney’s fees and costs. Under CCP section 405.38, the Court is authorized to award reasonable attorney fees and costs to the prevailing party on a motion to expunge a lis pendens.

Ali Z. Vaqar, the attorney for Defendant, states in paragraph 9 of his declaration that spent 20 hours drafting the moving papers, and he expects to spend an additional four hours reviewing the opposition and filing the reply. Nevertheless, he requests the reduced amount of $4,770. Vaqar states that he bills $265 per hour. Vaqar also states that Defendant, will incur filing fees of $60 for the motion to expunge. A review of the issues and the papers reveals that the motion should have only taken about 10 hours to complete. As such, the Court awards $2,710.

Accordingly, the Court orders Plaintiff and counsel of record Jacob I. Mojarro to pay attorney’s fees and costs of $2,710 ($265 per hour x 10 hours, plus $60 filing fee), jointly and severally.

Conclusion

Moving party is ordered to give notice.