La Paglia v. Superior Court

S. L. Rey, Inc. (Rey), has sued Michael J. La Paglia (La Paglia) to impose a constructive trust on real property purchased with funds which Rey alleges La Paglia wrongfully withheld from Rey’s predecessor in interest. In these original proceedings, La Paglia seeks a peremptory writ of mandate after the superior court denied his motion to expunge a notice of lis pendens filed by Rey. We are asked to determine whether Rey’s constructive trust claim is an action affecting title to or the right of possession of real property. We conclude it is not and accordingly grant the petition.

Factual and Procedural Background

In January 1985, La Paglia purchased North County Sand & Gravel from Titan Financial Corporation and Frances Pikush (Pikush). Pursuant to the purchase agreement, La Paglia leased 10 acres in Bonsall adjacent to the San Luis Rey River in order to mine sand and gravel. La Paglia agreed to pay royalties of 15 cents per cubic yard of sand and gravel removed from the property to the three owners, Pikush, Edward Halprin, and Jan Wilson, in proportion to each owner’s interest in the property.

In November 1985, San Ysidro Associates III (San Ysidro) acquired Pikush’s…