Trusts and Estates
Newell v. Superior Court
Cite as B339383
Filed December 20, 2024
Second District, Div. Seven
By Michelle Barnett Batista
Aaron, Riechert, Carpol & Riffle, APC
www.arcr.com
Headnote: Trust Litigation – Lis Pendens – Real Property Claim
Summary: Petition seeking a change in trustee of a trust that holds real property constitutes a real property claim within the meaning of Code of Civil Procedure section 405.4.
Arthur amended his trust to name his caregiver, Neneth, as trustee and sole beneficiary. Following Arthur’s death, his daughter, Lucy, filed a petition challenging the validity of the trust amendments and seeking removal of Neneth as trustee. When Lucy discovered that Neneth used trust assets to purchase real property titled in her name as trustee, Lucy supplemented her petition to include a request to impose a constructive trust on the property and recorded a lis pendens. Neneth moved to expunge the lis pendens. The probate court granted the motion on the ground that Lucy’s petition did not contain a “real property claim” because even if the petition was successful, the ownership of the real property would continue to be held by the trustee of the trust. Lucy filed a petition for writ of mandate.
The appellate court granted the petition for writ of mandate and directed the probate court to enter a new order denying the motion to expunge. A “real property claim” is a cause of action that would, if meritorious, affect title to or the right to possession of specific real property. Lucy’s petition, if successful, would affect title to the property. Although title would still be in the name of the trustee, the trustee would be a different person and the name of the title owner on the deed would be different.