Legal Opinion
Burger v. Superior Court
California Court of Appeal
Decided February 14, 1984No. A023869PublishedCited by 19 opinions
1Opinion of the Court
Opinion
LOW, P. J.
By petition for writ of mandate Burger, a defendant in a civil action, seeks review of an order denying his motion to expunge the lis pendens against real property he owns. We hold that the action in which the lis pendens was recorded was not shown to have affected the title or the right of possession of real property within the meaning of Code of Civil Procedure section 409. The lis pendens should have been expunged.
The lis pendens describes two parcels of a resort development in Santa Cruz County known as Brookdale Lodge. One parcel is adjacent to Highway 9 on the north…
2Cases cited6 opinions
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Randone v. Appellate DepartmentCalifornia Supreme Court · 1971
- Star Motor Imports, Inc. v. Superior CourtCalifornia Court of Appeal · 1979
- Coppinger v. Superior CourtCalifornia Court of Appeal · 1982
- Malcolm v. Superior CourtCalifornia Supreme Court · 1981
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3Cited by19 opinions
- Kirkeby v. Superior Court of Orange CountyCalifornia Supreme Court · 2004
- Urez Corp. v. Superior CourtCalifornia Court of Appeal · 1987
- BGJ Associates, LLC v. Superior CourtCalifornia Court of Appeal · 1999
- Klein v. Superior CourtCalifornia Court of Appeal · 1988
- In Re Lester D. Lane and Bonnie F. Lane, Debtors. Hurst Concrete Products, Inc. v. Lester D. Lane Bonnie F. LaneCourt of Appeals for the Ninth Circuit · 1992
14 more not listed; retrieve them via the Exa API.