BGJ Associates, LLC v. Superior Court

Introduction

The plaintiffs brought an action which included allegations supporting a constructive trust on a parcel of real property, and recorded a notice of pendency of action (lis pendens). (Code Civ. Proc., § 405 et seq.) On the defendants’ motion the trial court expunged the lis pendens notice pursuant to section 405.31 on the ground that plaintiffs’ pleading does not contain a “real property claim” within the meaning of the lis pendens statute. The plaintiffs have petitioned this court for a writ of mandate to compel the trial court to vacate its expungement of the lis pendens notice. Review by extraordinary writ is expressly provided in section 405.39. We issued an order to show cause to address an issue of continuing interest: the circumstances under which an allegation supporting a constructive trust will support a lis pendens.

We conclude the trial court properly expunged the lis pendens. For purposes of the lis pendens statute, this action, against partners/joint venturers, and a third party, for usurping to themselves the partnership’s/joint venture’s opportunity to purchase the disputed property, should be interpreted as primarily for money damages even…