JAZ PREVAILS ON MOTION TO EXPUNGE LIS PENDENS AND COURT AWARDS JAZ’S ATTORNEY FEES

 

On December 13, 2013, Judge Elizabeth Allen White of the Los Angeles Superior Court entered an Order granting a Motion to Expunge Lis Pendens in favor of Jaz’s client in Case No. BC524574, pending as Emil Joseph and Mary Joseph v. 2700 Wilshire, LLC, et al.  In granting the Motion, the Court also awarded Jaz attorney’s fees.

The ruling is important because it enables one of the defendants to proceed with a multi-million dollar sale of real property in Los Angeles, California.  The property, which represents one of the last major vacant commercial lots in the Koreatown area of Los Angeles, was under contract to be sold to a well-known developer, who had plans to construct a high-story mixed use commercial and residential project.  Plaintiffs, who held a sold-out junior lien that was wiped out as a result of a prior foreclosure, filed a meritless lawsuit in October 2013, hoping to disrupt the sale and bully defendants into a settlement.  As part of their imperiled strategy, the Plaintiffs filed and recorded a Notice of Pendency of Action, or lis pendens, which has the effect of clouding title as an involuntary lien. If the lis pendens was not expunged, the sale could potentially be derailed.

Jaz moved swiftly, and filed three motions, including a demurrer, a motion to strike, and a motion to expunge lis pendens.  The Court granted all three motions, and most importantly, issued an order expunging the lis pendens.  As a result, the defendant is able to move forward with its sale.  In addition, the Court awarded attorneys’ fees to defendant.

Morale of the Story:  If you’re right, you’ll never feel the wrong.

 

For a copy of the Court’s order, click on the link below:

 

Order Granting Motion to Expunge

 

Leave a Reply

Your email address will not be published. Required fields are marked *