KIRKEBY v. SUPERIOR COURT OF ORANGE COUNTY

No. S117640.

15 Cal.Rptr.3d 805 (2004)

93 P.3d 395

33 Cal.4th 642

Cynthia KIRKEBY, Petitioner, v. The SUPERIOR COURT OF ORANGE COUNTY, Respondent; Frederick W. Fascenelli et al., Real Parties in Interest.

Supreme Court of California.

July 22, 2004.


Attorney(s) appearing for the Case

Law Office of Rick Augustini and Rick Augustni for Petitioner.

No appearance for Respondent.

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


BROWN, J.

In this case, we consider whether a fraudulent conveyance claim affects title to or the right to possession of specific real property and therefore supports the recording of a notice of pendency of action — commonly referred to as a lis pendens. We conclude that it does.

FACTS

FasTags, Inc., (FasTags) is a manufacturer and wholesale seller of identification tags for pets. Petitioner Cynthia Kirkeby and her brother Frederick Fascenelli...

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