Torbov v. Cenlar Agency, Inc

Filing 87

ORDER GRANTING 73 DEFENDANTS' MOTION TO EXPUNGE LIS PENDENS. Signed by Judge Beth Labson Freeman on 12/4/2014. (blflc1, COURT STAFF) (Filed on 12/4/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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TSVETEN S TORBOV,

Case No. 14-cv-00130-BLF

Plaintiff,
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v.

ORDER GRANTING DEFENDANTS’
MOTION TO EXPUNGE LIS PENDENS

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CENLAR AGENCY, INC, et al.,

[Re: ECF 73]

United States District Court
Northern District of California

Defendants.
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Defendants’ motion to expunge lis pendens was heard on December 4, 2014. As stated on

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the record, Plaintiff’s failure to comply with statutory service and filing requirements renders the

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lis pendens “void and invalid.” See Cal. Civ. P. Code §§ 405.22, 405.23.

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Under California Code of Civil Procedure § 405.22, a “claimant shall, prior to recordation

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of the notice, cause a copy of the notice to be mailed, by registered or certified mail, return receipt

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requested, to all known addresses of the parties to whom the real property claim is adverse.” Cal.

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Civ. P. Code § 405.22. Moreover, “[i]mmediately following recordation, a copy of the notice

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shall also be filed with the court in which the action is pending.” Id. “Any notice of pendency of

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action shall be void and invalid as to any adverse party or owner of record unless the requirements

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of Section 405.22 are met for that party or owner and a proof of service in the form and content

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specified in Section 1013a has been recorded with the notice of pendency of action.” Cal. Civ. P.

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Code § 405.23. Plaintiff failed to comply with both the service and filing requirements.

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Accordingly, the motion to expunge lis pendens is hereby GRANTED and the lis pendens

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recorded as Document No. 22571005 in the Official Records of Santa Clara County with respect

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to real property located at 1679 Valley Crest Court, San Jose, California 95131, is hereby

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EXPUNGED.

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IT IS SO ORDERED.

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Dated: December 4, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge

United States District Court
Northern District of California

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