Westbrook v. Superior Court

Opinion

KAUFMAN, J.

Petitioner Robert Machris Westbrook (Westbrook), plaintiff below, petitions this court to compel the Superior Court of Riverside County to vacate its order expunging a lis pendens. Westbrook filed the lis pendens against a parcel of property comprising approximately 40 acres in Palm Springs, California, to which real party Peter F. Fairchild (Fairchild), the defendant below, has a ground lease.

Westbrook alleges he is entitled to a constructive trust over the property by virtue of a constructive fraud, consisting of the failure of Fairchild to make a will leaving all of his…