Lis This!

Rey Sanchez Investments v. Superior Court, No. E063757 (D4d2 Jan. 26, 2016).

If you are going to put a lis pendens on somebody’s property, you had better comply with the statutory service requirements under Code of Civil Procedure § 405.22, including service on everyone with an interest in the property and everyone in the action. And then you need to provide a proof of service. Under § 405.23, a lis pendens is “void and invalid” and subject to expungement if the service rules are not followed. Plaintiff didn’t follow the service rules in this case—no proof of service—which merits a peremptory writ requiring the trial court to expunge the lis pendens.

Writ granted.

Fraudulent Transfer Judgment Relates Back to Lis Pendens

Mira Overseas Consulting Ltd. v. Muse Family Enters., No. B254298 (D2d2, as modified Jun. 30, 2015)

A property claim relates back to the filing of a lis pendens such that the judgment creditor has superior title to anyone who subsequently obtains an interest. And a fraudulent transfer claim that seeks, among other remedies, reconveyance of real property is a property claim for which a lis pendens can be filed. So in this case, plaintiffs’ fraudulent transfer judgment related back to their filing of a lis pendens on the affected property.

Reversed.