J&A Mash & Barrel, LLC v. Super. Ct.

FACTS

J&A is the owner of Sequoia Brewing, a restaurant and brewery operating in Fresno and a tenant of TTP. The brewery is located in a stand-alone commercial building (brewery premises), but the building is one part of a larger parcel of real estate (Tower Theatre parcel). The Tower Theatre parcel covers nearly an entire city block and the most prominent structure on the property is the Tower Theatre. Originally constructed in 1939, the theater is an historically and architecturally significant structure and the focal

California’s statutory scheme governing lis pendens is set forth in Code of Civil Procedure sections 405 through 405.61. The statute uses the term “ ‘[n]otice of pendency of action’ ” (Code Civ. Proc., § 405.2) rather than the Latin term “lis pendens,” which means “[a] pending lawsuit.” (Black’s Law Dict. (8th ed. 2004) p. 950.) Further statutory references are to the Code of Civil Procedure, unless otherwise stated.

2. point of the surrounding commercial district.2 The brewery premises is located on the Tower Theatre parcel and, therefore, any attempt to sell the Tower Theatre parcel necessarily involves the brewery premises. J&A purchased Sequoia…