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Sample motion to expunge lis pendens for California

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This sample motion to expunge a Lis Pendens for California is made pursuant to Code of Civil Procedure section 405.30 on the grounds that the complaint does not state a real property claim as required …

This sample motion to expunge a Lis Pendens for California is made pursuant to Code of Civil Procedure section 405.30 on the grounds that the complaint does not state a real property claim as required by California law, and on the further grounds that the Lis Pendens was not properly served in accordance with California law. The sample motion also requests attorney fees and costs pursuant to Code of Civil Procedure section 405.38. The sample is 14 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.

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  • 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION FOR ORDER TO EXPUNGE NOTICE OF PENDENCY OF ACTION AND FOR ATTORNEY FEES AND COSTS IN THE AMOUNT OF $_________; MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF __________, EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. Be sure to remove these notices before using this document. 1TO: _____________________________ AND THEIR ATTORNEY OF RECORD HEREIN: PLEASE TAKE NOTICE that on ____________, 20___, at _______.m. or as soon thereafter - 1 - NOTICE OF MOTION AND MOTION TO EXPUNGE LIS PENDENS
  • 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as the matter may be heard, in Department ________ of the above-entitled court, located at __________________________, Defendant ___________________________will and hereby does move this Court for an order expunging the Notice of Pendency of Action (“Lis Pendens”) that was given in the above entitled action by Plaintiff ____________and dated ________________. Defendant further moves for an order awarding attorney fees and costs in the amount of $______________ which they have expended and will expend bringing this motion. The motion is made on the grounds that the underlying lawsuit is without merit as none of the causes of action in the complaint of Plaintiff state a real property claim, and on the further grounds that the Lis Pendens is void and invalid as it does not comply with the requirements of Code of Civil Procedure § 405.23. The motion will be made pursuant to Code of Civil Procedure §§ 405.30, 405.31, and 405.38. This motion is based upon this notice, the attached memorandum of points and authorities, the declaration of _____________, and exhibits, and upon such other and further oral and documentary evidence as may be presented to the Court by _________________ at the time of the hearing. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Do NOT ask for attorney’s fees if you are not represented by an attorney. 1Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY - 2 - NOTICE OF MOTION AND MOTION TO EXPUNGE LIS PENDENS
  • 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS This case arises from PROVIDE HERE A BRIEF DESCRIPTION OF THE CASE SUCH AS CAUSES OF ACTION, DATE FILED, ETC. See the complaint on file herein. On ____________ Plaintiff served a Lis Pendens on the moving party by regular first class mail. On ___________ Plaintiff recorded the Lis Pendens with the ___________ County Recorder as Document Number _________________. See the declaration of _________ and exhibits “1” and “2” attached thereto, concurrently filed and served herewith and incorporated herein by reference. _________ contends that the Lis Pendens should be expunged on the grounds that the underlying lawsuit is without merit as none of the causes of action in the complaint of Plaintiff state a real property claim, and on the further grounds that the Lis Pendens is void and invalid as it does not comply with the requirements of Code of Civil Procedure § 405.23. _______ also requests attorney fees and costs in the amount of $____ pursuant to Code of Civil Procedure § 405.38, which have been or will be, expending in the bringing of this motion. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/219351544/Sample-Motion-to-Expunge-Lis- Pendens-for-California - 3 - NOTICE OF MOTION AND MOTION TO EXPUNGE LIS PENDENS

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