Lopez-Farooq

Lopez-Farooq v. Breckenridge Property Fund 2016 CA2/1

Good Law
Court of Appeal of CaliforniaJuly 3, 2025B333940MCalifornia2,549 words

Opinion

Opinion

Kim, J.

BACKGROUND

A. The Lis Pendens We take the factual and procedural background from appellants’ record on appeal, setting them forth only for context, not as a basis for our decision. For purposes of resolving this appeal, only one fact is pertinent, and it is undisputed: Appellants take their appeal from an order denying their motion to vacate the expungement of a lis pendens. In September 2017, Lopez-Farooq filed a complaint against several financial entities alleging fraudulent transactions, forgery of bank documents and deeds, and other misdeeds that culminated in the wrongful foreclosure of her residential real property located in Santa Clarita. The second amended complaint, which added Farooq as a plaintiff, is operative. On June 21, 2018, Lopez-Farooq recorded a lis pendens on the property. On May 2, 2022, Farooq filed a proposed lis pendens on the action, but on May 13, 2022, the trial court declined to approve the proposal, finding the action did “not assert a well-plead[ed] real property claim.” On May 5, 2022, Breckenridge Property Fund 2016, LLC (Breckenridge), which was not involved in the underlying dispute, purchased the property at a trustee’s sale for…

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