Case Number: EC061001 Hearing Date: June 13, 2014 Dept: B

Motion to Expunge Lis Pendens

This case arises from the Plaintiff’s request for declaratory relief regarding her rights under a lease agreement. The Plaintiff had a lease on the property at 1857 W. Mountain St., Glendale, CA. The Defendant, Bank of America, acquired a loan and trust deed on the property. The Defendant commenced a foreclosure on the property and purchased the property at the sale.

The Plaintiff dismissed the case on April 3, 2014.

This hearing arises from the Defendant’s request for an order that expunges the lis pendens that the Plaintiff recorded on the property. The motion is necessary because the Plaintiff has not withdrawn the lis pendens, even though she dismissed the case.

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. Accordingly, the Plaintiff has the burden of showing that her complaint includes a real property claim and that the probable validity of their real property claim can be established by a preponderance of the evidence.

Here, there is no pleading. Accordingly, the Court expunges the lis pendens under CCP section 405.31 because there is no pleading that supports the lis pendens.

Further, the Plaintiff did not file any evidence to demonstrate that her real property claim can be established. Accordingly, the Court orders that the lis pendens be expunged under CCP section 405.32 because there is no evidence supporting the lis pendens.

The Defendant requests an award of $1,785 in attorney’s fees. CCP section 405.38 permits the Court to award reasonable attorney fees and costs to the prevailing party on a motion to expunge a lis pendens. The Defendant’s attorney, Sridavi Ganesan, provides facts demonstrating several attempts were made to obtain a voluntary withdrawal of the lis pendens from the Plaintiff. It is reasonable to award the attorney’s fees to the Defendant because, after the Plaintiff dismissed her Complaint, the Plaintiff has not voluntarily withdrawn the lis pendens.

The Defendant’s attorney, Sridavi Ganesan, provides a declaration in which there are facts demonstrating that 5 hours of attorney time were billed at $340 per hour and that the filing fee and attorney service total $85. The amount sought of $1,785 is a reasonable amount of attorney’s fees and costs to incur on this motion to expunge the lis pendens.

Accordingly, the Court orders the Plaintiff to pay $1,785 to the Defendant under CCP section 405.38.