Coventry Homes, Inc. v. Scottscom Partnership

OPINION

CONTRERAS, Judge.

On this appeal from summary judgment the primary issue is whether Coventry Homes, Inc. (Coventry) violated A.R.S. § 33-420(A) as a matter of law by recording a lis pendens against certain real property owned by Scottscom Partnership (Scottscom). We conclude that although Scottscom established that the lis pendens was groundless, there are genuine issues of material fact concerning whether Coventry “knew” or “should have known” that the lis pendens was groundless. The existence of these issues precludes summary judgment. Accordingly, we reverse and remand this matter…