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KIRKEBY v. SUPERIOR COURT

No. G031262.

135 Cal.Rptr.2d 861 (2003)

109 Cal.App.4th 1275

Cynthia KIRKEBY, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Frederick W. Fascenelli et al. Real Parties in Interest.

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

Review Granted October 1, 2003.

Attorney(s) appearing for the Case

Rick Augustini, Newport Beach, for Petitioner.

No appearance for Respondent.

Callahan & Blaine, Jim P. Mahacek, Michael J. Sachs, and Kathleen L. Dunham, Santa Ana, for Real Parties in Interest.

OPINION

SILLS, P.J.

This case requires us to decide whether a complaint that pleads a cause of action to set aside a fraudulent conveyance affects title to or the right to possession of specific real property so as to support a lis pendens. We agree with the trial court that this particular complaint does not support a lis pendens, and we deny relief from the trial court's order expunging the lis pendens and awarding attorney fees to the prevailing party...

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