Lewis

I.

Introduction

This writ proceeding is taken from an order denying a motion for summary judgment and an order denying a motion for expungement of lis pendens. The action arose out of the purchase and sale of a residence alleged to have involved a transfer in fraud of creditors. The petition for a peremptory writ is granted.

II.

Statement of Facts

A. Background of the sale.

Randolph Shipley (Shipley) bought the property in question in November 1990 for $3.2 million. About a year later, he contacted a broker, A1 Scafati (Scafati), hoping to sell the property for $2,950,000. However, Scafati believed that the property would only bring somewhere around $2.5 million to $2.7 million, and after seeing the condition of the property, he lowered his estimate. Scafati found a buyer at $2.5 million, and escrow was opened at that price. However, Shipley and the buyer never reached agreement on financing.

B. Appearance of the Lewises.

Robert F. and Josephine N. Lewis (the Lewises) had lived in Palos Verdes for many years. They were casual house-hunters—not particularly anxious to move, but willing to consider opportunities. Chris Adlam (Adlam), like Scafati a RE/MAX realtor,…