Case Number: GC049025    Hearing Date: November 07, 2014    Dept: A

Yang v J.T. Thompson

MOTION TO EXPUNGE LIS PENDENS

Calendar: 21
Case No: GC049025
Date: 11/7/14

MP: Defendant, Chieh Lin Tsai
RP: Plaintiff, Mei Yun Yang

RELIEF REQUESTED:
Order expunging lis pendens recorded on property at 231 E. Camino Real, Monrovia.

DISCUSSION:
This case arises from the Plaintiff’s claim that the Defendants breached an agreement to repay a $350,000 loan. The case proceeded to trial and the Court found in favor of the Defendant.

This hearing concerns the Defendant’s motion to expunge the lis pendens recorded on his property. 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 her real property claim can be established by a preponderance of the evidence.

In the pending case, Court found in favor of the Defendant after a Court trial. Since the Court has found in favor of the Defendant, the Plaintiff cannot establish by a preponderance of the evidence the probable validity of her real property claim.
Further, the Plaintiff did not file any opposition papers. Accordingly, the Plaintiff did not meet her burden of establishing that that the probable validity of her real property claim can be established by a preponderance of the evidence.

The Defendant also requested an award of $7,725 in attorney’s fees. The Defendant’s attorney, Steven Chang, states that after the trial, he sent a letter on September 15, 2014 to request that the Plaintiff release the lis pendens. Mr. Chang states that he did not receive any response.
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. Since the Defendant is the prevailing party, he may recover their attorney’s fees.
The Defendants’ attorney, Steven Chang, provides a declaration in which he states that he charges $375 per hour and that he expects to spend 20.6 hours on the motion and that the filing fee is $60. However, no opposition was filed; moving party did not need to read it or draft a reply, and will not necessarily need to appear at the hearing. Thus the expectation of billing an additional $3,000.00 is obviated. When the $60 filing fee is added, the total amount of attorney’s fees and costs would be $4,725.00.

Therefore, the Court will grant the Defendant’s motion to expunge the lis pendens recorded on his property. Further, the Court will order the Plaintiff to pay $4,725.00 under CCP section 405.38 because the Defendant is the prevailing party on the motion.

RULING:
GRANT motion to expunge lis pendens.
ORDER Plaintiff to pay attorney’s fees and costs in the sum of $4,725.00.