Buyers Had Substantial Justification To File A Specific Performance Suit And Oppose The Lis Pendens Expungement Motion. Under CCP § 405.38, a prevailing party on a motion to expunge a lis pendens is entitled to recover reasonable attorney’s fees and costs “unless the court finds that the other party acted with substantial justification or […]
A Good Reminder To Real Estate Practitioners. Norton v. Haskins, Case No. D078431 (4th Dist., Div. 1 Aug. 17, 2022) (unpublished) is a good reminder to real estate litigators/practitioners that, in general, a challenge to a lis pendens expungement fee order must be done through a writ petition, not just a normal appeal. (See
Case Has A Nice Discussion of Lis Pendens And Right Of First Refusal Principles. In J&A Mash & Barrell, LLC v. Superior Court, Case No. F083104 (5th Dist. Jan. 19, 2022) (published), the appellate court confronted a mandate writ proceeding to review a lower court’s lis pendens expungement order in a dispute brought by
Litigant Had To Raise The Issue In A Writ Petition, Which Litigant Did Not Do—Appellate Court Lacked Jurisdiction To Consider The Fee Award. A probate litigant in Wilkin v. Nelson, Case No. B294530 (2d Dist., Div. 6 Feb. 3, 2020) (certified for partial publication Feb. 26, 2020; fee discussion not published) was ordered to
Third District Affirms Award of Lis Pendens Expungement Fees to Brokers and Sustains Denial of Attorney’s Fees to Brokers Under Real Estate Purchase Agreement Fee Clause. This next case deals with contractual fee awards under Civil Code section 1717 and fees assessed against a party that lost a lis pendens expungement
Castro Holds That A Practical Prevailing Party Test Governs An Award of Fees When A Lis Pendens Is Withdrawn. Code of Civil Procedure section 405.38 provides that the prevailing party on a motion to expunge a lis pendens is entitled to an award of reasonable attorney’s fees and costs in bringing or
