Shoker

Shoker v. Superior Court

Good Law
Court of Appeal of CaliforniaJuly 15, 2022A163711California3,791 words

Opinion

Opinion

Burns, J.

BACKGROUND

A.

A lis pendens—also called a notice of pendency of action—is a document filed with a county recorder that provides constructive notice of a pending lawsuit affecting the real property described in the notice. (Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647 (Kirkeby); Bishop Creek Lodge v. Scira

Undesignated statutory references are to the Code of Civil 1

Procedure. 1 (1996) 46 Cal.App.4th 1721, 1733.) Any party may record a lis pendens when the lawsuit involves a “real property claim.” (§ 405.20; Kirkeby, supra, at p. 647.) Section 405.4 defines a “ ‘[r]eal property claim’ ” to mean “the cause or causes of action in a pleading which would, if meritorious, affect . . . title to, or the right to possession of, specific real property.” (Italics added.) A lis pendens gives notice that the judgment will be binding on persons later acquiring an interest in that property. (Bishop Creek Lodge, supra, at p. 1733.)

B.

In their complaint, the Shokers allege that defendant Sukhjinder Singh Ghuman lured them into investing $1.5 million in an unidentified technology company. Ghuman did so by befriending the Shokers, becoming familiar with the real properties they owned…

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