MARKLEY v. SUPERIOR COURT

Docket No. E010207.

5 Cal.App.4th 738 (1992)

7 Cal. Rptr.2d 328

ROBERT MARKLEY et al., Petitioners, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; ALLEN SAMUELS, Real Party in Interest.

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

April 16, 1992.


Attorney(s) appearing for the Case

COUNSEL

Reid & Hellyer, Dan G. McKinney and Steven G. Lee for Petitioners.

No appearance for Respondent.

Michael V. McIntire and Christopher D. McIntire for Real Party in Interest.


OPINION

TIMLIN, J.

In this matter we are called upon to decide whether the trial court may, in lieu of requiring a bond or undertaking as a condition of denying a motion to expunge lis pendens, authorize the plaintiff to execute and file a deed of trust on real property, to indemnify defendant for all damages proximately resulting from the denial of expungement, should defendant ultimately prevail in this action. We conclude that...

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