Court of Appeal of California, Second District
37 Cal. Rptr. 2d 63 (1994)
In February 1992, the Lewises (plaintiffs) contracted to buy a residence from Shipley. On February 24, Fontana Films (defendant) (Fontana) recorded a lis pendens against Shipley, which affected the residence that the Lewises had just purchased. The Lewises’ closing was on February 28, at which time the Lewises received title to the residence. The lis pendens was indexed on February 29. In March 1992, the Lewises paid off the note to Shipley and spent a significant amount further improving the property. In September 1993, the Lewises were served with Fontana’s lawsuit, which was their first notice of the lis pendens. The Lewises brought action in the trial court seeking to remove the lis pendens and granting them clear title to the property. The trial court denied the Lewises’ motion for summary judgment, and they appealed.
Rule of Law
Holding and Reasoning (Woods, J.)
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