The Formula, Inc. (“Formula”) filed an action in Florida alleging a right to compel the construction and sale of condominium units located in California. Formula then recorded a notice of the Florida action in California pursuant to California statutes. At the request of real parties in interest, a Maryland corporation and a Delaware limited liability corporation, a California Superior Court issued an order expunging the recorded notice of a Florida action. As a result, Formula filed a petition for a writ of mandate seeking to overturn the expungement order.
The court held that lis pendens statutes found under Cal Code Civ. Proc. §§ 405-405.61 do not authorize recording a notice of litigation that is pending in the court of another state and are inapplicable to recording cases pending in another state. Accordingly, neither the recording of the Florida action, nor the expungement pursuant to the lis pendens statutes, was proper. Although it was not proper to issue an expungement, the court upheld the expungement order out of an undefined power to expunge a notice of lis pendens improperly recorded. The court further stated that the notice could be expunged by being recorded in the chain of title to overcome the effect of the earlier filing.
The Formula, Inc. V. Superior Court, 168 Cal. App. 4th 1455, 86 Cal.Rptr.3d 341 (2008)