Judge: Stephen I. Goorvitch, Case: BC548724, Date: 2024-07-30 Tentative Ruling

Case Number: BC548724    Hearing Date: July 30, 2024    Dept: 82

Goltha Green, et al. v. Gilfert Jackson, et al.

Case No. BC548724

[Tentative] Order Granting Motion to Remove and Expunge Lis Pendens

            Defendant Ridgeley Drive Apartments, LLC (“Defendant” or “Ridgeley”) moves for an order to remove and expunge the Notice of Pendency of Action (“Lis Pendens”) recorded on August 10, 2025, as Instrument No. 20150974994 with respect to this action and following real properties:

1.     2501-2512 ½ W. 54th Street, 5355-5363 ½ 3rd Ave., Los Angeles, CA 90043

2.     2419 South Ridgeley Drive, Los Angeles, CA 90016

3.     750 W. Imperial Highway, Los Angeles, CA 90044

4.     2425-31 Ridgeley Drive, Los Angeles, CA 90016

“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.”  (Code Civ. Proc. § 405.30.)  “[T]he 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. The court shall not order an undertaking to be given as a condition of expunging the notice if the court finds the claimant has not established the probable validity of the real property claim.”  (Code Civ. Proc. § 405.32.) 

In this wrongful foreclosure action, Plaintiff Goltha Green alleged that JPMorgan Chase Bank, N.A. (“Chase”) wrongfully foreclosed on the four multi-family properties specified in the Lis Pendens.  After a bench trial, the trial court (Beckloff, J.) entered judgment in favor of Chase and several other defendants, including foreclosure purchaser Ridgeley.  The judgment was affirmed by the Court of Appeal in an unpublished opinion filed on August 24, 2023.  (See Burch Decl. Exh. 2-3.)  The judgment, affirmed on appeal, conclusively determines that the real property claims set forth in the complaint lack probable validity.  (See generally Newport Beach Country Club, Inc. v. Founding Members of Newport Beach Country Club (2006) 140 Cap.App.4th 1120, 1126-32 [discussing rules of res judicata].)  Plaintiff has not filed an opposition and has developed no argument to the contrary.  Accordingly, the Lis Pendens must be expunged. 

Based upon the foregoing, the court orders as follows:

1.         Ridgeley Drive Apartments, LLC’s motion to remove and expunge the lis pendens is granted.

2.         The court shall sign the separate, proposed order.

3.         Counsel for Ridgely Drive Apartments, LLC shall provide notice and file proof of service with the court.