Castro v. Superior Court

Opinion

CROSKEY, J.

In this case we must decide whether a party moving to expunge an improperly recorded lis pendens is entitled to attorney fees as a “prevailing party” under Code of Civil Procedure section 405.38 1 when the lis pendens is withdrawn before a ruling on the motion. We conclude that the withdrawal of a lis pendens while a motion to expunge is pending does not automatically preclude recovery of attorney fees to the moving party. Rather, we adopt a practical approach to determine the prevailing party based on the trial court’s determination of which party realized its objectives in…