Judge: Theodore R. Howard, Case: 22-1249601, Date: 2022-09-15 Tentative Ruling

The unopposed motion by defendant Cape Frio 16, LLC (“Cape Frio”) to expunge the lis pendens recorded by plaintiff Joseph Matysaik (“plaintiff”) on 3/15/2022 against the real property located at 21 Skyridge, Newport Coast, CA 92657 is GRANTED.

On 6/30/2022, this court granted Cape Frio’s Special Motion to Strike and ordered plaintiff’s action against it dismissed finding that plaintiff had not demonstrated a probable validity of prevailing on the claims against Cape Frio. (See ROA #82, 94)

Since plaintiff cannot establish the probable validity of his claims against Cape Frio, the motion is GRANTED and the lis pendens shall be expunged. No undertaking shall be given. (CCP §405.32)

Attorney’s Fees and Costs

Plaintiff and his counsel, Charles T. Ton and Ton Law, P.A.

shall pay Cape Frio attorney’s fees and costs in the amount of $1285 (CCP §405.38; Vaqar Decl.) within 45 days.  As plaintiff failed to oppose the motion, the court finds no substantial justification or other circumstances which make the imposition of attorney’s fees and costs unjust.

Cape Frio is ordered to give Notice of Ruling.