Hunting World, Inc. v. Superior Court

creditor to give notice of an action seeking to set aside a debtor’s fraudulent transfer of real property. We conclude such an action affects title to real property within the meaning of lis pendens law and will support a notice of lis pendens. However, creditors who misuse the procedure should be severely sanctioned.

Hunting World, Incorporated (Hunting World), challenges expungement of its notice of lis pendens recorded against property transferred from Charles W. Bogar to his wife, Jo Ann Bogar. Hunting World’s primary action against Charles W. Bogar is a federal lawsuit claiming trademark infringement and counterfeiting of Hunting World merchandise. (Hunting World, Incorporated v. Reboans, Inc. (N.D.Cal. 1992) 24 U.S.P.Q. (BNA) 1844 (No. 92-1519 BAC).) The federal action does not affect title to right to possession of real property and would not support a notice of lis pendens. However, Hunting World also filed in state court a second action, under the Uniform Fraudulent Transfer Act (Civ. Code, § 3439 et seq.), to set aside as fraudulent the transfer from Charles W. to Jo Ann Bogar. The notice of lis pendens provides notice of the state action, not the federal…