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PEERY v. SUPERIOR COURT

Docket No. S.F. 24266.

29 Cal.3d 837 (1981)

633 P.2d 197

176 Cal. Rptr. 533

RICHARD T. PEERY et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; BENEFICIAL STANDARD PROPERTIES, INC., Real Party in Interest.

Supreme Court of California.

September 3, 1981.

Attorney(s) appearing for the Case

COUNSEL

Frank Lee Crist, Jr., Patricia J. Gebala and Crist, Crist, Griffiths, Bryant, Schulz & Biorn for Petitioners.

No appearance for Respondent.

Morgan, Zazueta, Morgan, Towery, Morgan & Spector, W. Robert Morgan, Nossaman, Krueger & Marsh, James C. Powers and Elwood R. Sturtevant for Real Party in Interest.

OPINION

MOSK, J.

This case raises again an issue on which we have recently spoken: the proper interpretation of the statutory requirement that a person who prosecutes a real property action pursuant to which he has recorded a notice of lis pendens prove his good faith or suffer expungement of that notice. (Code Civ. Proc., § 409.1, subd. (b).)1 In Malcolm...

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