Biddle v. Superior Court

Petitioners W. Scott Biddle and Edward D. Lohrbach seek a writ of mandate compelling the trial court to set aside its order expunging the lis pendens recorded against the Paulson’s real property. The question presented is whether the trial court abused its discretion by expunging a lis pendens for a technical defect in service, although the property owners had actual notice and had failed to raise the defect in two prior motions to expunge.

Petitioners filed a complaint in superior court against William and Frances Paulson to recover payment on a note and to impose a constructive trust on *137 certain real property they had sold to the Paulsons. At the same time they recorded a lis pendens against the real property and mailed a copy to the Paulsons at their business address by first class mail. A copy was not sent to their residence nor was it mailed return receipt requested.

Within five days after notice was mailed, the Paulsons filed a motion to expunge the lis pendens under section 409.1 of the Code of Civil Procedure, which was subsequently denied. One week later, the Paulsons made a second motion to expunge, this time under Code of Civil Procedure section 409.2.…