Deen

INTRODUCTION

This appeal arises from a dispute between two factions of a family over a home purchased in Rancho Santa Fe. Each side⎯Isha Deen and her husband, Kashif Khwaja (the Khwaja family) and Sana and Sidrah Deen, sisters of Isha, and their now-deceased father Chodry Deen (the Deen family) ⎯sought quiet title as to the other, as well as to remove any cloud on title, in an action in the superior court. Isha filed a notice of removal to remove the action in its entirety, including all cross claims, to the United States Bankruptcy Court. Shortly after filing her notice of removal, Isha voluntarily dismissed her bankruptcy proceeding, and then asserted this constituted a dismissal of the entire action. The bankruptcy court disagreed and remanded the case back to the superior court. The Khwaja family appealed the remand order to the Bankruptcy Appellate Panel (BAP), and although they initially sought a stay pending appeal, they later voluntarily withdrew that motion for a stay. Following the remand order from the bankruptcy court, the Khwaja family filed in the superior court a “Motion for Injunction.” Despite how they styled their motion, in substance, the Khwaja family sought a…