Campbell

I.

INTRODUCTION

Petitioner John D. Campbell II (Campbell), as trustee of the John D. Campbell Trust (Trust), filed a complaint against real party in interest, Elissa Josephine La Barrie. Among other causes of action, Campbell alleged that La Barrie exercised undue influence against his now deceased father, John D. Campbell (John), in persuading him to expend approximately $200,000 in Trust funds to pay for the remodeling of La Barrie’s house. Campbell requested the imposition of a constructive trust and an equitable lien on La Barrie’s house. Campbell recorded a notice of pendency of action, otherwise known as a lis pendens, on La Barrie’s house. A lis pendens is a document recorded with the county recorder’s office that gives constructive notice that a “real property claim” has been filed that may “affect. . . title to, or the right to possession of, specific real property . . . .” (Code Civ. Proc., § 405.4.)

La Barrie filed a motion to expunge the lis pendens in which she claimed that Campbell’s underlying complaint did not state a real property claim pursuant to which a lis pendens could be recorded. The trial court granted La Barrie’s motion. Campbell filed a…