BGJ Associates, LLC v. Superior Court

Opinion

VOGEL (C. S.), P. J.

Introduction

The plaintiffs brought an action which included allegations supporting a constructive trust on a parcel of real property, and recorded a notice of pendency of action (lis pendens). (Code Civ. Proc., § 405 et seq.) On the defendants’ motion the trial court expunged the lis pendens notice pursuant to section 405.31 on the ground that plaintiffs’ pleading does not contain a “real property claim” within the meaning of the lis pendens statute. The plaintiffs have petitioned this court for a writ of mandate to compel the trial court to vacate its expungement…