Orange County, California Airport Hotel Associates, a California Limited Partnership v. The Hongkong and Shanghai Banking Corporation Limited

This appeal concerns a district court’s order expunging a lis pendens pursuant to California law. Orange County, California Airport Hotel Associates, a California Limited Partnership (Partnership) appeals from the district court’s order granting the motion of the Hongkong and Shanghai Banking Corporation Limited (Bank) to expunge the Partnership’s lis pendens concerning the Crown Sterling Suites Hotel in Orange County, California (Hotel). The district court had jurisdiction on the basis of diversity of citizenship, pursuant to 28 U.S.C. § 1332 . We conclude that this court lacks appellate jurisdiction to review the district court’s order. The appeal is dismissed.

I

In 1986, the Bank loaned the Partnership $22 million secured by a first deed of trust in favor of the Bank encumbering the Hotel. After the Partnership defaulted on the loan, the Bank initiated judicial foreclosure proceedings in state court. The Partnership filed a cross-complaint, which was dismissed on summary judgment. While the appeal of the dismissal of the Partnership’s cross-complaint was pending, the parties agreed to settle the dispute between them. The parties ultimately entered into a Stipulation for…