Under California Code of Civil Procedure sections 405.1 et seq. a claimant with a real property claim of probably validity may file and record lis pendens in the County where the property is located. (CCP § 405.20). At any time during the pendency of the action, any person with an interest in the property may apply to the court in which the action is pending for an order expunging the lis pendens. Prevailing on the merits of the plaintiff’s claim does not automatically expunge the lis pendens.
Expungement of the lis pendens must be made by noticed motion in accordance with CCP section 405.30; Mix v. Sup. Ct. (2004) 124 Cal.App.4th 987, 996. Mix held that on motion by the defendant following a determination of the claimant’s right to title, the lis pendens shall be expunged, unless the trial court finds that its own decision is likely to be overturned on appeal. The decision to expunge the lis pendens, however, must be made by noticed motion and does not occur automatically by entry of judgment. Similarly, the expungement cannot be included as part of the final judgment, because there is no right to appeal the expungement of a lis pendens. “Decisions on motions to expunge lis pendens fall into that class of trial court orders which are expressly not appealable; intermediate appellate courts only reach them via petitions for writ of mandate. See CCP § 405.39. “No order or other action of the court under this chapter shall be appealable. Any party aggrieved by an order made on a motion under this chapter may petition the proper reviewing court to review the order by writ of mandate.”
Thus, if your client prevails on a real property claim involving a lis pendens, be prepared to file a motion for expungement to have it removed. The order expunging the lis pendens may not be recorded until the time period for filing a petition for writ of mandate under CCP § 305.39 has expired.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeston, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
In a victory for American employers, the United States Supreme Court has just ruled that class action waivers in arbitration agreements required as a condition of employment do not violate the National Labor Relations Act, the 1930s law that applies to all base level employees, even absent a union.
Most private California employers will now be able to require as a condition of employment that employees agree in advance to arbitrate employment disputes. A well-crafted arbitration agreement developed with the help of experienced employment counsel familiar with this case presents the possibility of reducing the time, expense, disruption to your business, and potential negative publicity of litigating class action employment disputes in court. As well, it eliminates exposure to a runaway jury verdict.
The case is Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil USA, Inc.
JULY 1: NEW NATIONAL ORIGIN REGULATIONS
REMINDER: California has approved new regulations addressing national origin protections for applicants and employees, including individuals who are undocumented. Even though California already has strict rules prohibiting harassment and discrimination based on protected classes, including national origin, California has approved new regulations which expand on those rules. These new regulations also reiterate the Fair Employment and Housing Act’s prohibitions against harassment and retaliation based on national origin.
Should you have any questions regarding the new regulations, contact the Employment and Labor attorneys at SBEMP.
NEW RULES SET FOR DETERMINING
EMPLOYEE VERSUS CONTRACTOR
In a decision likely to make it much harder for businesses to classify workers as contractors, the California Supreme Court has set aside a multi-factor standard California courts used for 30 years to determine whether a worker was an independent contractor or an employee under California’s various Wage Orders.
The Court ruled on April 30th in Dynamex Operations West v. Superior Court of Los Angeles County that from now on businesses must use a three-factor, or ABC, test when making that determination. The test presumes the worker is an employee and not an independent contractor unless each of three conditions is satisfied.
For additional information, contact our office or continue reading on SBEMP Facebook Page.
Employment & Labor Law Attorneys of SBEMP
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| Thomas S. Slovak | Lena D. Wade | Vee B. Sotelo |
SBEMP’S Labor and Employment Department is comprised of attorneys with decades of experience in a broad range of labor and employment matters from day-to-day counseling to labor negotiations and litigation. Our team is prepared to guide our clients through the complex myriad of employment laws affecting California employers. We assist our clients with day-to-day personnel management issues, such as drafting employment policies, managing leaves of absence, identifying potential problems in hiring and firing practices, and ensuring wage and hour compliance. Our attorneys are also experienced litigators who regularly represent clients in all types of employment litigation, including defending wage and hour class actions as well as lawsuits alleging discrimination, harassment, and retaliation. Additionally, we regularly represent clients in administrative proceedings, such as Labor Commissioner claims, CalOSHA citations, DFEH and EEOC investigations, and DLSE complaints. Our labor and employment practice is also prepared to assist clients with labor negotiations and disputes. Our labor attorneys are experienced in negotiating labor agreements as well as representing clients before the NLRB.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
Palm Springs, CA – In a decision likely to make it much harder for businesses to classify workers as contractors, the California Supreme Court has set aside a multi-factor standard, which California courts used for 30 years to determine whether a worker was an independent contractor or an employee under the state’s various Wage Orders. (more…)
Keynote speaker Trina Turk spoke about finding a comfort level in taking risks as an entrepreneur.
Shaun-Murphy-Quote-May2018.pdf
For many business owners, the idea of a trusted employee running off with the company customer list and using it for her own purpose is the stuff of nightmares. Such an act feels so inherently wrong, you might assume you’ve got a slam-dunk grounds for a misappropriation lawsuit. But the reality is not quite so simple.
Lawsuits are a time- consuming process that can destroy a business partnership. Moreover, usually the party that wins the dispute ends up losing a lot of money. Therefore, it’s essential to include a pre-litigation mediation clause as part a two-party business contract.
There is probably no greater overlooked sector of real estate investing than investing in raw, vacant land. If you are investing in raw land, you should be aware of how to do so effectively. You should first be aware that the rules regulating raw land investing are different than the rules regulating a standard property acquisition.
Although California’s Governor, Jerry Brown, officially declared the drought to be over, the state still encourages water conservation and efficiency.
Recently, SCA 9 was proposed by Senator Steve Glazier (Democrat Orinda) to help mitigate the effects of future droughts on California by incentivizing the construction of rainwater capture systems.
When two parties want to settle a dispute, negotiation and mediation are two avenues they can try rather than immediately filing a lawsuit with the courts. Both are self-help methods to solving disagreements between two parties, each with its own advantages and disadvantages.