Peery v. Superior Court

Opinion

MOSK, J.

This case raises again an issue on which we have recently spoken: the proper interpretation of the statutory requirement that a person who prosecutes a real property action pursuant to which he has recorded a notice of lis pendens prove his good faith or suffer expungement of that notice. (Code Civ. Proc., § 409.1, subd. (b).) In Malcolm v. Superior Court (1981) 29 Cal.3d 518 [174 Cal.Rptr. 694, 629 P.2d 495], we recently addressed the problem as it relates to a motion to expunge lis pendens before the trial court has reached a decision on the merits. Here, the issue is raised…