Mix v. Superior Court

Opinion

SILLS, P. J.

I. INTRODUCTION

This is a case of first impression regarding the proper standard on which to judge a motion to expunge a notice of lis pendens when the trial court has already substantively rejected the recording party’s claim. Up to 1992, we knew what the standard was. It had been clearly articulated in Peery v. Superior Court (1981) 29 Cal.3d 837 [176 Cal.Rptr. 533, 633 P.2d 198]: If the claimant could show that a substantial issue existed for appeal, the motion to expunge would be denied even though the claimant had already lost at the trial level. (Id. at p. 845.)

The…