Allied Eastern Financial v. Goheen Enterprises

This appeal presents the question whether the words “concerning real property” in the 1959 amendment to the lis pendens statute (Code Civ. Proc., § 409) permit recording of notice of an action whose outcome can in no way affect title to or possession of real property, Plaintiff-contracted to secure a loan to finance proposed improvement of defendant’s land, sued for defendant’s alleged breach thereof, and recorded notice of pendency of that action. Defendant’s motion to expunge the notice was granted, and plaintiff appeals. The contract provided for no lien or encumbrance upon the property,…