Mason v. Superior Court

Petitioners Edward Mason and Jo An Mason (plaintiffs) instituted the underlying action in two counts, seeking in the first count cancellation of a deed to real property, quiet title, ejectment and declaratory relief and in the second count, damages. In conjunction with the action plaintiffs recorded and filed a lis pendens. Real parties Arthur E. Bond and his wife (defendants) moved for summary judgment and/or adjudication of issues without substantial controversy and contemporaneously moved under Code of Civil Procedure section 409.1 to expunge plaintiffs’ lis pendens on the ground the action does not affect title to or the right to possession of real property. The trial court granted summary judgment as to the first count only and, contemporaneously, granted the motion to expunge the lis pendens.

Plaintiffs filed a petition for writ of mandate in this court in which they urged the order partially granting the motion for summary judgment was erroneous and that, concomitantly, the expungement of the lis pendens was also erroneous. In the prayer of their petition, however, they requested issuance of the writ only in respect to the order expunging the lis pendens. Inasmuch…