Malcolm v. Superior Court

Opinion

TOBRINER, J.

In this writ proceeding, petitioners, defendants in the underlying action (hereafter defendants), seek review of a trial court order denying their pretrial motion to expunge a notice of lis pendens pursuant to Code of Civil Procedure section 409.1. Defendants contend that the trial court applied the wrong legal standard in passing upon their motion to expunge, and assert that on the basis of the affidavits and the other evidence presented, the court abused its discretion in denying their motion.

For the reasons discussed below, we have concluded that the order of the trial…