Lis Pendens Law
 
Securitas Security Services v. Denise Edwards

Securitas Security Services USA, Inc. (Securitas) petitions for a writ of mandate and/or prohibition challenging the superior court's order granting its amended motion to compel arbitration in which the court ordered the parties to arbitrate all of real party in interest Denise Edwards's claims, including her class action and representative claims under the Private Attorneys General Act of 2004 (P... More...   $0 (02-27-2015 - CA)

Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. Sandcastle Homes, Inc.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i... More...   $0 (02-26-2015 - TX)

Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. NewBiss Property, L.P.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i... More...   $0 (02-26-2015 - TX)

Wells Fargo Bank, N.A. v. Calvin M. Rutledge

Wells Fargo Bank, N.A., appeals the final summary judgment granting title to Calvin Rutledge and discharging Wells Fargo's lis pendens against the underlying property in this foreclosure action. Because we agree that Wells Fargo was not barred from pursuing foreclosure in the circuit court by laches or equitable estoppel and that material issues of fact remain as to the authenticity of Mary Dias's... More...   $0 (10-10-2014 - FL)

Woody K. Lesikar v. Carolyn Ann Lesikar Moon

This appeal is the most recent round in a protracted legal battle between two siblings over their respective inheritances.1 Woody K. Lesikar, individually, and as trustee of the Woody K. Lesikar Special Trust and the Woodrow V. Lesikar Family Trust, appeals the trial court’s summary judgment in favor of Carolyn Ann Lesikar Moon, individually and as trustee of the Carolyn Ann Lesikar Moon Special... More...   $0 (09-04-2014 - TX)

Cornelius J. Dever v. Wells Fargo Bank National Association, et al.

This appeal arises from a dispute over the disbursement of surplus
proceeds from a foreclosure sale. Cornelius and Assunta Dever (the record property
owners) as well as Wells Fargo Bank (the holder of an unsatisfied mortgage) claimed
that they were entitled to the surplus proceeds. The circuit court ordered the surplus to
be disbursed to Wells Fargo, and the Devers appealed. We rev... More...
   $0 (08-27-2014 - FL)

Carolyn Calkins James v. Richard Stephen Calkins

Appellant Carolyn Calkins James and her brother, appellee Richard Stephen Calkins, have, for years, been embroiled in litigation in multiple courts regarding
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the estate and guardianship of their mother, Mary Olive Calkins.
1 In the underlying suit, Richard, as agent-in-fact of Mary, and appellee Michael Easton, pro se,2 sued Carolyn and her lawyers, claiming that they were fraudulent... More...
   $0 (08-21-2014 - TX)

Gary Ben Stephens, et al v. Union Valley Ranch, LP

In this property dispute, appellants Gary Ben Stephens, Stephens Group, L.P., and
Stephens Group II, L.P. appeal the trial court’s order granting summary judgment to appellee
Union Valley Ranch, L.P. on its claim for declaratory relief. In two issues, appellants argue (1)
appellee’s claim was a suit to try to title and therefore had to be brought as a trespass to try title
acti... More...
   $0 (07-21-2014 - TX)

Raj Singh v. Stephen Lipworth

A judgment entered against Raj Singh in a prior action (Super. Ct. Sacramento County, 2006, No. 00AS00602) was assigned to Stephen Lipworth, who moved successfully to amend the judgment to add certain aliases of Singh, namely Kaus Singh and Archana Singh. (Singh v. Lipworth (June 18, 2008, C053762) [nonpub. opn.].)1 Thereafter, the trial court granted Lipworth’s application for sale of certain p... More...   $0 (07-03-2014 - CA)

W. Robert Mathews and Laura B. Mathews v. Branch Banking & Trust Co.

W. Robert and Lura B. Mathews appeal an order awarding Branch Banking and Trust Co. (BB&T) surplus funds from the foreclosure sale of their home. The trial court found that BB&T was entitled to the entire surplus amount to satisfy a second mortgage interest in the property. We conclude that the trial court erred in

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awarding BB&T the surplus funds because it failed to file a cla... More...
   $0 (06-06-2014 - fl)

Bridgett Henties v. James Schweppe, Administrator for the Estate of Michael L. Henties, Deceased, and Trustee of the Michael L. Henties Estate Trust

The disputed issue in this appeal is the ownership of a piece of real property (the Property) located in Comal County, Texas. After James Schweppe, as administrator of the Estate of Michael L. Henties and as trustee of the Michael L. Henties Estate Trust (the Estate), filed a notice of lis pendens giving notice of a potential dispute over ownership of the Property, Bridgett Henties filed suit in d... More...   $0 (06-03-2014 - TX)

Drake Interiors, L.L.C. v. Andrea Marie Thomas & Robert Warren Thomas

This case involves two questions. Can an abstract of judgment create a valid lien on a home jointly managed as community property if the judgment is based on the premarital debt of only one spouse? If so, what is the effect of a homestead designation after a divorce when the property ceases to be held in community? The trial court ruled in favor of the current homeowner, declaring that the judgmen... More...   $0 (04-03-2014 - TX)

IQ Holdings, Inc., Yohanne Gupta and Saroj Gupta v. Villa D'Este Condominium Owner's Association, Inc. and Lee Blask

The parties to this appeal executed a Rule 11 settlement agreement at mediation in which they agreed, among other things, to (1) execute final settlement

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documents to be drafted after the conclusion of the mediation and (2) return to the mediator to have her arbitrate, resolve and render a final decision in disputes “regarding the drafting of the [final settlement] agreement and ... More...
   $0 (03-13-2014 - TX)

Paul F. Mik v. Federal Home Loan Mortgage Corporation

In May 2012, Paul F. Mik, Jr., Lee Ann Mik, and PALS Enterprises, LLC (collectively, “the Miks”) filed suit against the Federal Home Loan Mortgage Corporation (“Freddie Mac”), arguing that they were unlawfully evicted from their rental home after their landlord defaulted on her mortgage and the property was sold at a foreclosure sale. The district court granted Freddie Mac’s motion to di... More...   $0 (02-07-2014 - KY)

The City of Riverside v. William Horspool

The City of Riverside (City) filed a nuisance abatement action as to property owned by William and Kelly Horspool, and sought the appointment of a receiver pursuant to Health and Safety Code section 17980 et seq. Defendant William Horspool (William)2 appealed from the order appointing the receiver in case No. E051500,3 but failed to obtain an undertaking on appeal. Kevin Randolph, in his capacity ... More...   $0 (01-30-2014 - CA)

Tamara Frizzell v. Barbara Murray

Respondent Tamara Frizzell received a $100,000 loan from petitioner Barbara Murray, secured by a deed of trust on Frizzell's home. Frizzell defaulted and a nonjudicial foreclosure sale was set. Before the sale, Frizzell filed an action against Barbara and her husband Gregory Murray, alleging several claims, as well as a motion for an order to enjoin the sale. A judge stayed the sale, conditioned u... More...   $0 (12-05-2013 - WA)

Wallace Roofing, Inc. and Royce Dean Wallace v. Linda Benson

Appellant Wallace Roofing, Inc. (Wallace Roofing) brought suit against appellee Linda Benson (Benson) for breach of contract alleging she had failed to pay money owed on a contract for roofing and home repairs. Benson brought counterclaims under the Texas Debt Collection Practices Act (TDCPA), a tie-in statute to the Deceptive Trade Practices Act (DTPA), alleging that Wallace Roofing’s unlawful ... More...   $0 (11-27-2013 - TX)

Premier Finishes, Inc. v. Chris Maggirias

Premier Finishes, Inc., and Peter Torres seek certiorari review of a circuit court order that discharged their claim of lien and lis pendens. The basis for the discharge was a name discrepancy. The order also dismissed their lien foreclosure claim without prejudice. The circuit court departed from the essential requirements of - 2 -

the law by discharging the claim of lien without determini... More...
   $0 (11-15-2013 - FL)

Delmar Byrl Garrett v. Carlotta Gordon

¶1 Plaintiff/Appellant Delmar Garrett1 (Delmer) appeals the September 13, 2011, Journal Entry Order of the district court denying his Motion to Vacate Void Judgment, Vacate Partition Order, and Emergency Motion to Stay Sheriff's Sale. The judgment sought to be vacated was entered in a divorce suit in which Delmer was named as a party. Because the judgment roll in the divorce proceeding shows that... More...   $0 (11-04-2013 - OK)

Premier Finishes, Inc. v. Chris Maggirias

Premier Finishes, Inc., and Peter Torres seek certiorari review of a circuit court order that discharged their claim of lien and lis pendens. The basis for the

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discharge was a name discrepancy. The order also dismissed their lien foreclosure claim without prejudice. The circuit court departed from the essential requirements of the law by discharging the claim of lien without ho... More...
   $0 (09-25-2013 - FL)

Deborah Focht v. Wells Fargo Bank, N.A.

In case number 2D11-4511, Deborah E. Focht seeks review of the final summary judgment of foreclosure entered in favor of Wells Fargo Bank, N.A. In case

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number 2D11-4980, Focht seeks review of the trial court's subsequent orders denying her motion to stay and/or cancel the foreclosure sale and striking her notice of lis pendens. We reverse the final judgment of foreclosure b... More...
   $0 (09-25-2013 - FL)

Kimberly Martin-Bragg v. Ivan Rene Moore

Ivan Rene Moore appeals in pro. per. from the superior court’s judgment following trial on the unlawful detainer complaint of Kimberly Martin-Bragg seeking forfeiture of a lease and possession of a property. The judgment, entered January 23, 2012, awarded Martin-Bragg possession of the disputed property, along with rent of $50,068.34 and rental damages of $57,220.96 for the period from May 1, 20... More...   $0 (09-01-2013 - CA)

Maria Antonia Pulido v. Evangelina Esther Gutierrez Gonzalez

Maria Antonia Pulido appeals the trial court’s grant of summary judgment in favor of appellee Evangelina Esther Gutierrez Gonzalez in Pulido’s suit to set aside the warranty deed conveying her homestead to her caretaker, Gonzalez. We

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reverse the trial court’s grant of summary judgment with respect to Pulido’s forgery allegation, cancellation of the notice of lis pendens, de... More...
   $0 (08-29-2013 - TX)

Helen Hatchett v. W2X, Inc.

¶ 1 This appeal arises from the November 1, 2010 order entered by the circuit court of Cook County, which granted a directed finding against the plaintiff, Helen Hatchett (Helen), and in favor of the defendants, Avalon Betts-Gaston (Attorney Gaston)1 and The Bank of New York Mellon Trust Company (BONY), and which entered a default judgment against Warren Jackson (Jackson)2 and in favor of Helen i... More...   $0 (08-28-2013 - IL)

Phyllis Bradbury v. City of Eastport

[¶1] Phyllis Bradbury and David Gholson (collectively, plaintiffs) appeal from an order of the Superior Court (Washington County, R. Murray, J.) denying their special motion to dismiss the counterclaims of First Perry Realty, LLC, CPM Constructors, and the City of Eastport (collectively, defendants) pursuant to Maine’s anti-SLAPP statute, 14 M.R.S. § 556 (2012).1 This appeal gives us the oppor... More...   $0 (08-01-2013 - ME)

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