LEWIS V. SUPERIOR COURT
30 Cal.App. 4th 1850, 37 Cal.Rptr. 2d 63 (1994)
NATURE OF THE CASE: This was a motion for summary judgment to remove a lis pendens and
clear title.
FACTS: Lewis (P) contracted to buy a residence from Shipley for $2.3 million. P opened
escrow and just a few days before they acquired title, Fontana Films recorded a lis pendens.
The lis pendens was recorded on February 24, but was not indexed until February 29th; the
day after P acquired title. Under the contract of sale P paid Shipley $350,000. P then gave
Shipley a note for $1,950,000, which they paid in March 1992. P then spent an additional
$1,050,000 in renovating the property. In September 1993, P was served with the lawsuit. P
sued for summary judgment to remove the lis pendens and clear title. The trial court denied
that motion. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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