Shah

Shah v. McMahon

Good Law
148 Cal. App. 4th 526·2007 Cal. App. LEXIS 340·2007 Daily Journal DAR 3371·55 Cal. Rptr. 3d 792·2007 Cal. Daily Op. Serv. 2624
Court of Appeal of CaliforniaMarch 12, 2007B188972California972 words

Opinion

Opinion

Armstrong, J.

Plaintiffs, Jayendra and Usha Shah (the Shahs), have purported to appeal from an order of the superior court awarding attorney fees to respondent Marilyn E. McMahon (McMahon) following the court’s order granting McMahon’s motion to expunge lis pendens. (Code Civ. Proc., § 405.38.) We conclude the appeal is taken from a nonappealable order, and grant McMahon’s motion to dismiss the appeal.

This case arises out of the Shahs’ action for damages, specific performance and injunctive relief in connection with their attempt to purchase property in Long Beach owned by McMahon. In their complaint, the Shahs allege that they offered to purchase the property in 2004, on terms more favorable than those offered by other prospective buyers, but McMahon refused to sell the property to them on any terms because they are of Asian-Indian origin. McMahon claims she wanted an offer without any contingencies, and the Shahs’ low offers and contingencies were not acceptable. The. Shahs’ son, Russell Shaw (who had anglicized his name), also made an offer on the property. McMahon submitted a counteroffer, but neither Russell Shaw nor his agent ever communicated an acceptance of the counteroffer…

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