King v. Sup. Ct.
Midland Pacific Building Corporation (Midland) entered into a contract with John E. and Carole D. King (the Kings) to purchase 27 acres of land owned by the Kings. The contract requires the Kings to obtain approval of a specific plan and vesting tentative tract map that would enable Midland to build a specified number of single family residences on the land. The complaint does not challenge title to the property. Therefore the lis pendens must be expunged. The instant suit seeks monetary damages for breach of contract and fraud. It also seeks declaratory relief and specific performance, but only regarding the processing of maps that conform to its development plans. The suit also seeks an injunction precluding the Kings from processing a map that does not conform to the map desired by Midland. But, the suit does not question whether the Kings own or possess the property.
Accordingly, Court grant the writ petition and direct the trial court to vacate its order denying the motion to expunge the lis pendens and enter a new and different order expunging the lis pendens.
Comments on King v. Sup. Ct.