AMALGAMATED BANK v. SUPERIOR COURT

Nos. C052156, C052395.

57 Cal.Rptr.3d 686 (2007)

149 Cal.App.4th 1003

AMALGAMATED BANK, as Cotrustee, etc., et al., Petitioners, v. The SUPERIOR COURT of Sacramento County, Respondent; Corinthian Homes et al., Real Parties in Interest.

Court of Appeal of California, Third District.

April 16, 2007.


Attorney(s) appearing for the Case

Morgan, Lewis & Bockius, Thomas M. Peterson, Rollin B. Chippey II, Diane L. Webb and Umung Varma, San Francisco, for Petitioners Amalgamated Bank, formerly First Interstate Bank, as corporate cotrustee for Pension Trust Fund for Operating Engineers, and Pension Trust Fund for Operating Engineers.

No appearance for Respondent.

Freidberg & Parker, Edward Freidberg, Sacramento, Thomas H. Kawaii; Wagner Kirkman Blaine Klomparens & Youmans, Belan K. Wagner, Mather; Law Office of Elias D. Bardis and Elias D. Bardis, Sacramento, for Real Parties in Interest Corinthian Homes (Rancho Murieta), L.P., RKB Communities, LLC, Bruce Palmbaum, and Winncrest Homes, Inc.


BUTZ, J.

In this case, we are confronted with the knotty question of what an appellate court should do about an order expunging a lis pendens where a real property claimant is appealing from an adverse judgment in the trial court and files a writ petition asking the Court of Appeal to stay the expungement until the appeal is decided. The issue is complicated by a drastic change in lis pendens law enacted in 1992.

The new law places the burden on the party...

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