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KENDALL-BRIEF CO. v. SUPERIOR COURT

Docket No. 15721.

60 Cal.App.3d 462 (1976)

131 Cal. Rptr. 515

KENDALL-BRIEF COMPANY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; MARGARET S. WACHTER et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Two.

July 22, 1976.

Attorney(s) appearing for the Case

COUNSEL

Fulop, Rolston, Burns & McKittrick, Lawrence R. Resnick, John Petrasich and Kenneth B. Bley for Petitioner.

No appearance for Respondent.

Paul, Hastings, & Janofsky, David B. Harriman, Donald A. Daucher and Donald L. Morrow, Mark A. Smith and David P. DeLancy for Real Parties in Interest.

OPINION

FOGG, J.*

Kendall-Brief Company ("petitioner") has petitioned this court for a writ of mandate commanding the respondent Orange County Superior Court to expunge the lis pendens recorded by real parties in interest on petitioner's real property. The primary issue for decision is whether the existence or nonexistence of an easement of right-of-way over a servient tenement affects title to or right...

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