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LA PAGLIA v. SUPERIOR COURT

Docket No. D010793.

215 Cal.App.3d 1322 (1989)

264 Cal. Rptr. 63

MICHAEL J. LA PAGLIA, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; S.L. REY, INC., Real Party in Interest.

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

November 21, 1989.

Attorney(s) appearing for the Case

COUNSEL

Marc S. Herlands for Petitioner.

No appearance for Respondent.

Mitchell, Keeney, Barry & Pike and E. Ludlow Keeney, Jr., for Real Party in Interest.

OPINION

BENKE, Acting P.J.

S.L. Rey, Inc. (Rey), has sued Michael J. La Paglia (La Paglia) to impose a constructive trust on real property purchased with funds which Rey alleges La Paglia wrongfully withheld from Rey's predecessor in interest. In these original proceedings, La Paglia seeks a peremptory writ of mandate after the superior court denied his motion to expunge a notice of lis pendens filed by Rey. We are asked to determine...

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