La Paglia v. Superior Court

Opinion

BENKE, Acting P. J.

S. L. Rey, Inc. (Rey), has sued Michael J. La Paglia (La Paglia) to impose a constructive trust on real property purchased with funds which Rey alleges La Paglia wrongfully withheld from Rey’s predecessor in interest. In these original proceedings, La Paglia seeks a peremptory writ of mandate after the superior court denied his motion to expunge a notice of lis pendens filed by Rey. We are asked to determine whether Rey’s constructive trust claim is an action affecting title to or the right of possession of real property. We conclude it is not and accordingly grant…