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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County _________________

10

11 Any Plaintiff, ) Case No.


)
12 NOTICE OF MOTION AND MOTION FOR ORDER
Plaintiff, )
TO EXPUNGE NOTICE OF PENDENCY OF
)
13 ACTION AND FOR ATTORNEY FEES AND
vs. )
COSTS IN THE AMOUNT OF $_________;
)
14 MEMORANDUM OF POINTS AND
Any Defendant, )
AUTHORITIES, DECLARATION OF __________,
)
EXHIBITS
15 Defendant. )
) DATE: TIME:
16 )
DEPT:
)
17 )
)
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- 1 -
NOTICE OF MOTION AND MOTION TO EXPUNGE LIS PENDENS
1 TO: _____________________________ AND THEIR ATTORNEY OF
2 RECORD HEREIN:
3
PLEASE TAKE NOTICE that on ____________, 20___, at _______.m. or as soon thereafter
4
as the matter may be heard, in Department ________ of the above-entitled court, located at
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6
__________________________, Defendant ___________________________will and hereby does

7 move this Court for an order expunging the Notice of Pendency of Action (Lis Pendens) that was

8 given in the above entitled action by Plaintiff ____________and dated ________________.


9
Defendant further moves for an order awarding attorney fees and costs in the amount of
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$______________ which they have expended and will expend bringing this motion. The motion is
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made on the grounds that the underlying lawsuit is without merit as none of the causes of action in
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13 the complaint of Plaintiff state a real property claim, and on the further grounds that the Lis Pendens

14 is void and invalid as it does not comply with the requirements of Code of Civil Procedure 405.23.
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The motion will be made pursuant to Code of Civil Procedure 405.30, 405.31,
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and 405.38.
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This motion is based upon this notice, the attached memorandum of points and authorities, the
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19 declaration of _____________, and exhibits, and upon such other and further oral and documentary

20 evidence as may be presented to the Court by _________________ at the time of the hearing.
21
Be sure to modify these paragraphs to suit your individual
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23 situation. Do NOT just use the wording here unless it definitely applies
24
to your particular situation. Do NOT ask for attorneys fees if you are
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26 not represented by an attorney.


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Dated________________ _______________________________________________
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ANY ATTORNEY OR PARTY

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NOTICE OF MOTION AND MOTION TO EXPUNGE LIS PENDENS
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises from PROVIDE HERE A BRIEF DESCRIPTION OF THE CASE SUCH
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6
AS CAUSES OF ACTION, DATE FILED, ETC. See the complaint on file herein.

7 On ____________ Plaintiff served a Lis Pendens on the moving party by regular first class

8 mail. On ___________ Plaintiff recorded the Lis Pendens with the ___________ County Recorder as
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Document Number _________________. See the declaration of _________ and exhibits 1 and 2
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attached thereto, concurrently filed and served herewith and incorporated herein by reference.
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_________ contends that the Lis Pendens should be expunged on the grounds that the
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13 underlying lawsuit is without merit as none of the causes of action in the complaint of Plaintiff state a

14 real property claim, and on the further grounds that the Lis Pendens is void and invalid as it does not
15
comply with the requirements of Code of Civil Procedure 405.23.
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_______ also requests attorney fees and costs in the amount of $____ pursuant to Code of
17
Civil Procedure 405.38, which have been or will be, expending in the bringing of this motion.
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NOTICE OF MOTION AND MOTION TO EXPUNGE LIS PENDENS

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