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.
*******0261
08/02/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
GANAHL LUMBER COMPANY
2802 MAYFLOWER AVE LLC
JONES MYRON M.
BLACKSTONE TORO OPERATING PARTNERSHIP LP
FILER NORMAN ALLEN
Court documents are not available for this case.
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
Hearing04/07/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)
DocketOrder to Show Cause Re: Entry of Default Judgment scheduled for 04/07/2021 at 09:30 AM in Spring Street Courthouse at Department 26
DocketMinute Order (Non-Jury Trial)
DocketNon-Jury Trial scheduled for 02/04/2021 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/04/2021; Result Type to Held
DocketOn the Complaint filed by Ganahl Lumber Company on 08/02/2018, entered Request for Dismissal without prejudice filed by Ganahl Lumber Company, causes Second and Fourth Causes of Action, Only
DocketOn the Complaint filed by Ganahl Lumber Company on 08/02/2018, entered Request for Dismissal without prejudice filed by Ganahl Lumber Company, does 1 thru 200
DocketRequest for Entry of Default / Judgment; Filed by: Ganahl Lumber Company (Plaintiff)
DocketDeclaration Declaration of Loveon Fox in Support of Judgment by Court; Filed by: Ganahl Lumber Company (Plaintiff)
DocketDeclaration Declaration of Norman A. Filer in Support of Judgment by Court; Filed by: Ganahl Lumber Company (Plaintiff)
DocketFee Waiver Hearing scheduled for 10/11/2018 at 01:30 PM in Stanley Mosk Courthouse at Department 44
DocketProof of service by first-class mail - civil; Filed by: Myron M. Jones (Defendant); As to: Ganahl Lumber Company (Plaintiff); After Substituted Service of Summons & Complaint ?: No
DocketRequest to Waive Court Fees; Filed by: Myron M. Jones (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Ganahl Lumber Company (Plaintiff)
DocketComplaint; Filed by: Ganahl Lumber Company (Plaintiff); As to: 2802 Mayflower Ave, LLC (Defendant); Myron M. Jones (Defendant)
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 01/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
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.
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