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CASTRO v. SUPERIOR COURT

No. B169401.

10 Cal.Rptr.3d 865 (2004)

116 Cal.App.4th 1010

Alexandra CASTRO, et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; California Savings et al., Real Parties in Interest.

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

March 11, 2004.

Attorney(s) appearing for the Case

Hersh, Mannis, Kipper & Bogen, Law Offices of Douglas A. Bagby and Douglas A. Bagby, Beverly Hills, for Petitioners.

No appearance for Respondent.

Manatt, Phelps & Phillips, Robert Platt, Carl Grumer and Robert Begland, Los Angeles, Law Offices of Douglas Walton and Douglas Walton, Beverly Hills, for Real Parties in Interest the Sterling Family Trust and D. Sterling, as an individual and as a trustee of the Sterling Family Trust.

Law Offices of Dennis Tulsiak and Dennis Tulsiak for Real Party in Interest R. Sterling, as a trustee of the Sterling Family Trust.

CROSKEY, J.

In this case we must decide whether a party moving to expunge an improperly recorded lis pendens is entitled to attorney fees as a "prevailing party" under Code of Civil Procedure section 405.381 when the lis pendens is withdrawn before a ruling on the motion. We conclude that the withdrawal of a lis pendens while a motion to expunge is pending does not automatically preclude recovery of attorney fees to the moving party. Rather...

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