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MIX v. SUPERIOR COURT

No. G033875.

21 Cal.Rptr.3d 826 (2004)

124 Cal.App.4th 987

Gene C. MIX et al., Petitioners, v. The SUPERIOR COURT of Orange County, Respondent; Mandeep Behniwal et al., Real Party In Interest.

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

Rehearing Denied January 4, 2005.

Review Denied February 16, 2005.

Attorney(s) appearing for the Case

Law Offices of Michael G. York and Michael G. York, Newport Beach, for Petitioners.

Law Offices of Barry A. Ross and Barry A. Ross, Santa Ana, for Real Parties in Interest.

OPINION

SILLS, P.J.

I. INTRODUCTION

This is a case of first impression regarding the proper standard on which to judge a motion to expunge a notice of lis pendens when the trial court has already substantively rejected the recording party's claim. Up to 1992, we knew what the standard was. It had been clearly articulated in Peery v. Superior Court (1981) 29 Cal.3d 837, 176...

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