Kinann et al v. Centex Home Equity Company et al

Filing 13

ORDER Re Application to the Court to Approve Lis Pendens. Signed by Judge Hamilton on 7/16/2010. (pjhlc2, COURT STAFF) (Filed on 7/16/2010) (Additional attachment(s) added on 7/16/2010: # 1 Certificate of Service) (nah, COURT STAFF).

Download PDF
Kinann et al v. Centex Home Equity Company et al Doc. 13 1 2 3 4 5 6 7 8 9 10 ROBERT KINANN, et al., Plaintiffs, v. CENTEX HOME EQUITY COMPANY, et al., Defendants. _______________________________/ The court is in receipt of plaintiff's application to the court to approve lis pendens. The application, consisting of a single page unaccompanied by any exhibits or documents, requests the signature of a "Judge of the Superior Court" in determining that the complaint contains a claim which would affect title to real property. The court DENIES plaintiff's request. A lis pendens is a state law instrument providing constructive notice of a pending lawsuit affecting title to certain real property and that ensures that any person who attempts to buy that property takes it subject to any judgment that may be entered. See Bishop Creek Lodge v. Scira, 46 Cal. App. 4th 1721, 1733 (1996). Plaintiff appears to be aware of this, as his application requests the signature of a Superior Court judge. Since plaintiff, however, seeks to prosecute his action in federal court, plaintiff's request for an application made pursuant to state law, is improper. Plaintiff must adhere to procedural motions and applications permissible under federal rules or law, or else to explain or cite the legal authority that allows the court to apply state law in granting No. C 10-2608 PJH ORDER RE APPLICATION TO THE COURT TO APPROVE LIS PENDENS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 plaintiff's request. IT IS SO ORDERED. Dated: July 16, 2010 ______________________________ PHYLLIS J. HAMILTON United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?