Glassman

STATEMENT OF THE CASE

In July 2023, Glassman filed the underlying lawsuit against the Bests, asserting causes of action for breach of written contract and declaratory relief. A detailed recitation of the facts is unnecessary to resolving this appeal, but the gist is this: Glassman entered into an escrow contract to purchase the Bests’ residence. Glassman took the position that a contingency of escrow was that Glassman’s house would first sell. The Bests contend the escrow contract had no such contingency. Glassman’s home did not sell prior to the closing date of escrow. When Glassman did not complete the purchase of the Bests’ home by the end of escrow, the Bests cancelled the escrow and kept Glassman’s deposit of $180,000. Glassman sued to either close escrow or recover the deposit. Shortly after filing his complaint, Glassman filed a notice of pendency of action, which he recorded. Not long afterward, Glassman filed a motion to stay the proceeding pending arbitration, citing an arbitration provision in the escrow contract.

2 A few days later, the Bests filed a motion to expunge the lis pendens. The court granted the motion. The court concluded that Glassman had not shown a…