SWANSTON v. SUPERIOR COURT

Docket No. 12933.

15 Cal.App.3d 355 (1971)

92 Cal. Rptr. 572

FLORENCE R. SWANSTON et al., Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THE STATE OF CALIFORNIA et al., Real Parties in Interest.

Court of Appeals of California, Third District.

February 17, 1971.


Attorney(s) appearing for the Case

COUNSEL

C. Ray Robinson and William T. Ivey, Jr., for Petitioners.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Robert Burton, Assistant Attorney General, and J.M. Sanderson, Deputy Attorney General, for Real Parties in Interest.


OPINION

THE COURT.

Petitioners Swanston filed an action against the State of California in the Sacramento Superior Court for reformation of a stipulation in an eminent domain action and seeking reconveyance of 230 acres of land formerly owned by them. They recorded a lis pendens against the property. Purporting to act under section 409.2, Code of Civil Procedure, the superior court granted the state's motion to expunge the lis pendens...

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