McKnight v. Superior Court

Opinion

WOODS, P. J.

Petitioner is the plaintiff in an action seeking, in part, to set aside a conveyance of real property by his judgment debtor as fraudulent and to impose a constructive trust thereon in his favor. He asks this court to issue a peremptory writ of mandate to vacate an order that granted defendant grantee’s motion to expunge his notice of lis pendens. The alternative grounds for expungement at issue are (1) that plaintiff commenced and prosecuted his action in bad faith (Code Civ. Proc., § 409.1, subd. (b)), 1 and (2) that plaintiff’s failure to comply with the lis pendens…