This case was last updated from Los Angeles County Superior Courts on 10/21/2020 at 00:44:38 (UTC).

GANAHL LUMBER COMPANY VS 2802 MAYFLOWER AVE, LLC, ET AL.

Case Summary

On 08/02/2018 GANAHL LUMBER COMPANY filed a Property - Other Real Property lawsuit against 2802 MAYFLOWER AVE, LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0261

  • Filing Date:

    08/02/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

GANAHL LUMBER COMPANY

Defendants

2802 MAYFLOWER AVE LLC

JONES MYRON M.

Not Classified By Court

BLACKSTONE TORO OPERATING PARTNERSHIP LP

Attorney/Law Firm Details

Plaintiff Attorney

FILER NORMAN ALLEN

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Expunge Lis Pendens) of 10/19/2020

10/19/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Expunge Lis Pendens) of 10/19/2020

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

8/19/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Judicial Notice - Request for Judicial Notice

11/19/2019: Request for Judicial Notice - Request for Judicial Notice

Declaration (name extension) - Declaration Declaration of Matthew B. Learned in Support of Ex Parte Application for Order Shortening Time to Hear Motion to Expunge Lis Pendens and for Award of Attorne

11/19/2019: Declaration (name extension) - Declaration Declaration of Matthew B. Learned in Support of Ex Parte Application for Order Shortening Time to Hear Motion to Expunge Lis Pendens and for Award of Attorne

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

11/19/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Motion to Expunge Lis Pendens - Motion to Expunge Lis Pendens

11/19/2019: Motion to Expunge Lis Pendens - Motion to Expunge Lis Pendens

Memorandum of Points & Authorities - Memorandum of Points & Authorities

11/19/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Request for Judicial Notice - Request for Judicial Notice

11/19/2019: Request for Judicial Notice - Request for Judicial Notice

Minute Order - Minute Order (Hearing on Ex Parte Application for Order Shortening Time to...)

11/21/2019: Minute Order - Minute Order (Hearing on Ex Parte Application for Order Shortening Time to...)

Notice (name extension) - Notice of Continued Trial

1/27/2020: Notice (name extension) - Notice of Continued Trial

Order on Court Fee Waiver After Hearing (Superior Court) - Order on Court Fee Waiver After Hearing (Superior Court) as to Myron Jones, Denied without prejudice

10/11/2018: Order on Court Fee Waiver After Hearing (Superior Court) - Order on Court Fee Waiver After Hearing (Superior Court) as to Myron Jones, Denied without prejudice

Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

11/2/2018: Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

Proof of Personal Service - Proof of Personal Service Myron M. Jones

10/17/2018: Proof of Personal Service - Proof of Personal Service Myron M. Jones

Proof of Service by Substituted Service - Proof of Service by Substituted Service

10/18/2018: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Mail

9/24/2018: Proof of Service by Mail

Summons - on Complaint

8/2/2018: Summons - on Complaint

16 More Documents Available

 

Docket Entries

  • 08/05/2021
  • Hearing08/05/2021 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 02/04/2021
  • Hearing02/04/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/19/2020
  • DocketMinute Order (Hearing on Motion to Expunge Lis Pendens)

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  • 10/19/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Expunge Lis Pendens) of 10/19/2020; Filed by: Clerk

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  • 10/19/2020
  • DocketHearing on Motion to Expunge Lis Pendens scheduled for 10/19/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/19/2020; Result Type to Held

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  • 08/19/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 08/19/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 09/09/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 02/04/2021 08:30 AM

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  • 06/19/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 06/19/2020
  • DocketReset - Court Unavailable, Hearing on Motion to Expunge Lis Pendens scheduled for 07/28/2020 at 09:00 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 10/19/2020 10:00 AM

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  • 04/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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29 More Docket Entries
  • 09/24/2018
  • DocketFee Waiver Hearing scheduled for 10/11/2018 at 01:30 PM in Stanley Mosk Courthouse at Department 44

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  • 09/24/2018
  • DocketGeneral Denial; Filed by: Myron M. Jones (Defendant)

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  • 09/24/2018
  • DocketRequest to Waive Court Fees; Filed by: Myron M. Jones (Defendant)

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  • 08/02/2018
  • DocketComplaint; Filed by: Ganahl Lumber Company (Plaintiff); As to: 2802 Mayflower Ave, LLC (Defendant); Myron M. Jones (Defendant)

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  • 08/02/2018
  • DocketCivil Case Cover Sheet; Filed by: Ganahl Lumber Company (Plaintiff)

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  • 08/02/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/02/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/02/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 08/02/2018
  • DocketNon-Jury Trial scheduled for 01/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/02/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC10261    Hearing Date: October 19, 2020    Dept: 26

Ganahl Lumber Co. v. 2802 Mayflower Ave., LLC, et al.

MOTION TO EXPUNGE LIS PENDENS

(CCP § 405.31)

TENTATIVE RULING:

Non-Party Blackstone Toro Operating Partnership LP’s Motion to Expunge Lis Pendens is GRANTED. PLAINTIFF IS ORDERED TO PAY ATTORNEY FEES OF $562.50 TO MOVING PARTY WITHIN 30 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Ganahl Lumber Company (“Plaintiff”) filed the instant action for breach of contract, common counts and foreclosure of mechanic’s lien against Myron Jones and 2802 Mayflower Ave., LLC (“Defendant Mayflower”) on August 6, 2018. On May 8, 2018, Plaintiff recorded the Notice of Mechanic’s Lien. (Compl., ¶11 and Exh. B.)

Non-party Blackstone Toro Operating Partnership LP (“Blackstone”) filed the instant Motion to Expunge Lis Pendens on November 19, 2019. To date, no opposition has been filed.

Discussion

California Code of Civil Procedure provides that “the court shall order the notice [of lis pendens] expunged if the court finds that the pleading on which the notice is based does not contain a real property claim.” (Code Civ. Proc., § 405.31; see Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647.) A real property claim is a cause of action in a pleading that “would, if meritorious, affect [] title to, or the right to possession of, specific real property . . . .” (Code Civ. Proc., § 405.4; Kirkeby, supra, 33 Cal.4th at 647.) “[W]hen a motion to expunge is brought, the burden is on the party opposing the motion to show the existence of a real property claim.” (Kirkeby, supra, 33 Cal.4th at 647; see Code Civ. Proc., § 405.30.)

Code of Civil Procedure, section 405.4 defines a “real property claim” as one, “which would, if meritorious, affect (a) title to, or the right to possession of, specific real property . . . .” (Code Civ. Proc., § 405.4.) A claim for right to possession of specific real property includes a claim to possession of real property based on a leasehold. (Parker v. Superior Court (1970) 9 Cal.App.3d 397, 400.)

(Ibid (emphasis added).)

Plaintiff alleges that it agreed to supply requested construction materials to Defendants in exchange of the reasonable market value of the construction materials. (Compl., ¶7.) Defendants allegedly breached the agreement by failing to pay for the materials. (Id. at ¶9.) Plaintiff further alleges that Defendant Mayflower is “the leasees, owners or reputed owners of the Subject Property.” (Id. at ¶20.)

Plaintiff must next demonstrate the probable validity of the real property claim by a preponderance of the evidence. (Hunting World, Inc. v. Superior Court (1994) 22 Cal.App.4th 67, 70; Code Civ. Proc., § 405.30, et seq.) A claim has “probable validity” where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim. (Code Civ. Proc., § 481.190.) The Court grants Blackstone’s request for judicial notice of the instruments recorded with respect to the Subject Property pursuant to Cal. Evid. Code section 452, subdivision (c).

Blackstone argues that Plaintiff cannot establish a probability of prevailing on its real property claim. The Motion demonstrates that Defendant Mayflower secured a loan for $731,300.00 against the Subject Property from Triumph Capital Partners Inc. (“Triumph Capital”) and recorded the Deed of Trust on June 30, 2017. (Motion, RJN, Exh. A.) Triumph Capital later assigned the Deed of Trust to Blackstone. (Id. at Exh. B.) Blackstone’s Deed of Trust, therefore, was recorded prior to Plaintiff’s mechanic’s lien, making it the superior lien on the Subject Property. (Cal. Civ. Code, § 2897.)

Additionally, following Defendant Mayflower’s default on the loan, the Subject Property was sold at a foreclosure auction to Blackstone on April 25, 2019. (Id. at Exhs. G-H.) The sale wiped out any junior liens. (Bank of Am. v. Graves (1996) 51 Cal.App.4th 607, 611-612.) Therefore, the Court finds no probability that Plaintiff will prevail on the real property claim.

Under Code of Civil Procedure section 405.38, Blackstone is entitled to an award of attorney fees in the amount of $562.50 for bringing the instant Motion. (Motion, Learned Decl., ¶4.)

Conclusion

Non-Party Blackstone Toro Operating Partnership LP’s Motion to Expunge Lis Pendens is GRANTED. PLAINTIFF IS ORDERED TO PAY ATTORNEY FEES OF $562.50 TO MOVING PARTY WITHIN 30 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.