Construction Law

Cannot record Lis Pendens for arbitration case if no litigation has commenced

By Werner Sabo

A California case, Manhattan Loft v. Mercury Liquor, 2009 WL 1219732 (May 6, 2009), has ruled that a lis pendens notice cannot be recorded unless an underlying court case has been filed. In this case, two arbitration proceedings were commenced and lis pendens notices were recorded.  Both arbitrations resulted in awards in favor of the respondent who had recorded the lis pendens. Thereafter, a slander of title action was filed against respondents alleging that the lis pendens had caused substantial damage. Respondent filed a motion to dismiss per California's anti-SLAPP statute. The trial court granted the motion and the appellate court reversed.

Full post as published by Construction Attorney Blog on May 13, 2009 (boomark / email).