Biddle v. Superior Court

Opinion

WALLIN, J.

Petitioners W. Scott Biddle and Edward D. Lohrbach seek a writ of mandate compelling the trial court to set aside its order expunging the lis pendens recorded against the Paulson’s real property. The question presented is whether the trial court abused its discretion by expunging a lis pendens for a technical defect in service, although the property owners had actual notice and had failed to raise the defect in two prior motions to expunge.

Petitioners filed a complaint in superior court against William and Frances Paulson to recover payment on a note and to impose a…