17-CIV-00290 MARGARET M. CHANG VS. SHEK S. CHAN, ET AL.

MARGARET M. CHANG SHEK S. CHAN
CHARLES J. KATZ JOHN IACCARINO

INTERVENING DEFENDANT CONSUELO CERVANTES, LLC’S MOTION FOR LEAVE TO INTERVENE & TO EXPUNGE NOTICE OF PENDENCY OF ACTION (LIS PENDENS) TENTATIVE RULING:

The Motion of Intervening Defendant Consuelo Cervantes LLC (“Moving Party”), for Leave to Intervene and to Expunge Notice of Pendency of Action is ruled on as follows:

(1) Moving Party’s Motion for Leave to Intervene is GRANTED. Moving Party has established grounds here for both statutory and permissive intervention. (See Code of Civ. Proc. §§ 387(d)(1)(B), 387(d)(2).) Moving Party has an interest in this action as the current owner of the property, and Moving Party’s interest is not adequately represented by either Plaintiff Margaret M. Chang (“Plaintiff”) or Defendants Shek S. Chan and Yu Mei Chan (“Defendants”). Moving party is to file and serve its Answer in Intervention and a copy of the order or notice of the court’s order in accordance with Code of Civil Procedure section 387(e)(2) by February 8, 2019.

(2) Moving Party’s Motion to Expunge Pendency of Action (Lis Pendens) is also GRANTED. Moving Party may bring a motion to intervene at the same time it brings a motion to expunge. (See Code of Civ. Proc. § 405.30.) A lis pendens is improper if the plaintiff cannot establish its probable validity by a preponderance of the evidence of the real property claim. (Code of Civ. Proc. § 405.32.) Plaintiff Margaret M. Chang (“Plaintiff”) has not opposed this motion, and therefore has not established a probable validity of prevailing on her real property claim. No undertaking is required by Moving Party. (See Code of Civ. Proc. § 405.32.)

(3) IT IS ORDERED that that the “Notice of Pendency of Action” recorded in the Official Records of San Mateo County on January 31, 2017 as Document No. 2017-009940 is EXPUNGED.

(4) Moving Party is awarded reasonable attorney’s fees and costs of $6,505.00, payable by Plaintiff within 30 days of service of notice of entry of order by Moving Party.

Moving Party’s Request for Judicial Notice is GRANTED.