Daniel Kraft vs. Leonard C. Jones

Nature of Proceeding: Motion to Expunge Lis Pendens

Filed By: Samaan, Nabil

Plaintiffs Daniel Kraft, Ecotech Holdings, Inc. and Kraft Real Estate’s Motion to
Expunge Recorded Lis Pendens is DENIED, without prejudice.

Although the reply papers refer to an Opposition, the Court files do not contain any
opposition, and none has been considered.

Plaintiffs’ unverified complaint alleges causes of action for: slander of title, abuse of
process, extortion, negligence, and intentional infliction of emotional distress against
defendants Leonard Jones and his attorney William Kruse in connection with a lis
pendens filed by defendants in connection with an underlying suit. Parenthetically,
slander of title is a false and unprivileged disparagement, oral or written, of the title to
real or personal property, resulting in actual pecuniary damage. The elements of
slander of title are (1) publication; (2) falsity; (3) absence of privilege; (4) and
disparagement of another’s land which is relied upon by a third party and which results
in pecuniary loss

The underlying action (case no. 2012-125096) concerned Jones’ former residence,
th
located at 6501 14 St, Rio Linda, California. That real property was sold at a
foreclosure sale, and purchased by Kraft.

Moving parties contend that the underlying action never named Kraft, Kraft Real Estate
or Ecotech Holdings, Inc. as parties, nor were they served in that action. However, a
review of the Court file reflects that both Kraft and Kraft Real Estate are named
defendants in the Second Amended Complaint filed on May 15, 2013, specifically the 5
th cause of action for slander of title. However, no proof of service of that pleading on
them appears in the Court file.

A demurrer was sustained without leave to amend as to three co-defendants in the
underlying action. A Judgment of Dismissal was so ordered as to those defendants,
on Nov. 10, 2013, and the time in which plaintiff may appeal that decision has expired.

However, the entire underlying action has not been dismissed with prejudice, but is
currently set for trial on March 9, 2015.

Despite multiple requests by moving parties, Jones and his (former) counsel have
failed to remove the lis pendens on the real property.

The Court cannot conclude on the basis of the papers and court files before it that
there is no litigation pending which affects the subject property. C.C.P., sec. 405.30.
The moving parties, in the first instance, have failed to establish their right to expunge.
“Real property claim” is defined in section 405.4 of the C.C.P., to mean “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.”

The minute order is effective immediately.