Barefield v. HSBC Holdings, PLC et al

Filing 53

ORDER Expunging Notice of Pendency of Action, signed by Chief Judge Lawrence J. O'Neill on 11/28/2018: The Notice of Pendency of Action recorded on April 5, 2018, in the Official Records of the Kern County Recorder as Document No. 218040519 (pertaining to real property located at 11301 Darlington Avenue, Bakersfield, California 93312) is hereby EXPUNGED; This Order shall be recorded in the in the Official Records of the Kern County Recorder. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEBORAH BAREFIELD, as
Administrator of the Estate of Thomas
W. Hatch,
Plaintiff,

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v.
HSBC HOLDINGS, PLC; CALIBER
HOME LOANS, INC.; SUMMIT
PROPERTY MANAGEMENT, INC.,
a California Corporation, DOES 1-20,
inclusive,

Case No. 1:18-cv-00527-LJO-JLT
ORDER EXPUNGING NOTICE OF
PENDENCY OF ACTION
Judge:
Dept.:

Defendants.

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Hon. Lawrence J. O’Neill
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
The Motion to Expunge Notice of Pendency of Action or Require a Bond

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brought

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SUMMIT MANAGEMENT COMPANY, LLC (erroneously also sued as

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Summit Property Management, Inc.), collectively “Defendants,” was decided by

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Hon. Lawrence J. O’Neill, in Courtroom 4 of the above-entitled Court, on

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October 31, 2018 (Docket No. 44).1 The Court, having fully considered all relevant

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documents, authorities, evidence, and arguments presented by Plaintiff and

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Defendants, by and through their respective attorneys, and good cause having been

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by

defendants

CALIBER

HOME

LOANS,

INC.

and

shown, states as follows:

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IT IS HEREBY ORDERED that:

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The Notice of Pendency of Action recorded on April 5, 2018, in the Official

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Records of the Kern County Recorder as Document No. 218040519 (pertaining to

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real property located at 11301 Darlington Avenue, Bakersfield, California 93312) is

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hereby EXPUNGED.

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IT IS FURTHER ORDERED that:

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This Order shall be recorded in the in the Official Records of the Kern County

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Recorder.
IT IS SO ORDERED.

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Dated:

November 28, 2018

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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Plaintiff has since filed a notice of appeal of that decision, which does not alter the
propriety of expunging the lis pendens. California law provides that “on a motion to expunge a
lis pendens after judgment against the claimant and while an appeal is pending, the trial court
must grant the motion unless it finds it more likely than not that the appellate court will reverse
the judgment.” Amalgamated Bank v. Superior Court, 149 Cal. App. 4th 1003, 1015 (2007); see
also Masson v. Selene Fin. LP, 2013 WL 4427116 (N.D. Cal. Aug.15, 2013) (citing
Amalgamated Bank); Mix v. Superior Court, 124 Cal. App. 4th 987, 997 n.8 (2004) (explaining
that “it would completely circumvent the Legislature’s intent in enacting section 405.32, [if]
merely filing an appeal, no matter how meritless, would automatically keep the lis pendens in
place”).
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