BURGER v. SUPERIOR COURT

Docket No. A023869.

151 Cal.App.3d 1013 (1984)

199 Cal. Rptr. 227

RICHARD T. BURGER, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; LIVING LOVE CHURCH, INC., Real Party in Interest.

Court of Appeals of California, First District, Division Five.

February 14, 1984.


Attorney(s) appearing for the Case

COUNSEL

William F. Whiting, Leslie A. Levy and Whiting, Rubenstein, Swager & Levy for Petitioner.

No appearance for Respondent.

Lawrence W. Schonbrun for Real Party in Interest.


OPINION

LOW, P.J.

By petition for writ of mandate Burger, a defendant in a civil action, seeks review of an order denying his motion to expunge the lis pendens against real property he owns. We hold that the action in which the lis pendens was recorded was not shown to have affected the title or the right of possession of real property within the meaning of Code of Civil Procedure section 409. The lis pendens should have been expunged...

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