18-CIV-06457 ZULEMA SCOTT VS. LORRAINE PARKER, ET AL

ZULEMA SCOTT LORRAINE PARKER
PRO/PER REBECCA D. MARTINO

MOTION TO EXPUNGE LIS PENDENS ON DEFENDANT’S PROPERTY TENTATIVE RULING:

Defendant’s motion to expunge lis pendens is GRANTED.

Plaintiff has provided no authority indicating that a claim to enjoin a trespass or nuisance is a “real property claim” pursuant to CCP § 405.4. The only authority cited by Plaintiff is KendallBrief Co. v. Superior Court, 60 Cal.App.3d 462 (1976). That case, however, involved a dispute over the petitioner’s claim to an easement. No easement is at issue in this case.

Plaintiff does not allege that Defendant has presented any right to possession or title to Plaintiff’s property. Plaintiff’s first amended complaint asserts that “Defendant’s conduct will eventually interfere with Plaintiff’s possession of the Scott Property through the imposition of a servient easement in favor of Defendants across the land . . .” [FAC, ¶ 27] Plaintiff’s conjecture relating to a potential future loss of possession is insufficient to establish a “real property claim.” The court notes that Plaintiff has also not alleged or otherwise noted any dispute as to the legal boundaries of the property.

Defendant’s request for sanctions is GRANTED in the amount of $1,530.00. Plaintiff shall issue payment to Defendant within 14 days of this order.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.