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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) OPPOSITION TO MOTION TO EXPUNGE LIS
vs. ) PENDENS AND FOR SANCTIONS;
13 ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF _________;
14 Any Defendants, and DOES 1-5, inclusive, ) EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18 )
)
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OPPOSITION TO MOTION TO EXPUNGE LIS PENDENS
1 Be sure to remove this notice and all other notices before using
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this document.
4 NAME AND PARTY CAPACITY herein submits its Opposition to the motion to expunge
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Lis Pendens and for sanctions filed by NAME AND PARTY CAPACITY on the grounds that (1)
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plaintiff has met their burden of showing that the complaint or cross-complaint states a real property
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claim as defined in Code of Civil Procedure § 405.4 as the causes of action affect the title to, or right

9 to possession of specific real property namely LIST STREET ADDRESS OR LEGAL

10 DESCRIPTION OF REAL PROPERTY, (2) plaintiff has met their burden of showing the probable
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validity of their claim as defined in Code of Civil Procedure § 405.3 as they have shown that it is
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more likely than not that they will obtain a judgment against the defendant on the claim.
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NAME AND PARTY CAPACITY further requests the sum of $____ in sanctions against the
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15 moving party pursuant to Code of Civil Procedure § 405.38 on the grounds that the moving party

16 filed their motion to expunge the Lis Pendens without a showing of good cause or substantial
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justification.
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The opposition shall be based on this opposition, the attached memorandum of points and
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authorities, the declaration of ___________and exhibits attached thereto, on the complete files and
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21 records of this action, and on such other oral and/or documentary evidence as may be presented at the

22 hearing on the Motion.
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Dated________________ _______________________________________________
25 ANY ATTORNEY OR PARTY
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OPPOSITION TO MOTION TO EXPUNGE LIS PENDENS
1 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation. Remember that YOUR OPPOSITION
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6 MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS
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BEFORE THE HEARING. Court days means Monday through
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9 Friday, except for Court holidays. You should serve your opposition by
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personal delivery or overnight mail. See Code of Civil Procedure
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Section 1005 for more details.
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17 motion-to-expunge-lis-pendens-in-california
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OPPOSITION TO MOTION TO EXPUNGE LIS PENDENS