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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association


 
 

February 2008     MCLE Test and Answer Sheet

Test No. 167: Lis Pendulum

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
 Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. A lis pendens gives constructive notice of the pendency of an action asserting a claim to real property.
 True.
 False.

2. The purpose of a lis pendens is to:
A. Force a settlement.
B. Notify the court that the action concerns real property.
C. Notify prospective purchasers, encumbrancers, and transferees of litigation affecting title or possession of real property.
D. Remedy damage to real property.

3. The practical effect of a lis pendens is a cloud on title making the affected property unmarketable.
 True.
 False.

4. In 1992, the California Legislature substantially revised the lis pendens law because:
A. It was prone to abuse.
B. It was too difficult to expunge a lis pendens.
C. The existing law was due to expire.
D. A and B.

5. A real property claim:
A. Affects title to specific real property.
B. Affects possession to specific real property.
C. Neither includes or excludes claims of constructive trust.
D. All of the above.

6. A court must expunge a lis pendens if:
A. The moving party fails to prove the lack of probable validity of the real property claim.
B. The action does not contain a real property claim.
C. An undertaking would provide adequate relief even though the claimant establishes the probable validity of a real property claim.
D. B and C.

7. A motion to expunge for want of a real property claim is treated like a demurrer.
 True.
 False.

8. The purpose of the party seeking to maintain a lis pendens is relevant to determining a real property claim.
 True.
 False.

9. Even if a claimant shows the probable validity of a real property claim, a court must expunge the lis pendens if an undertaking would provide adequate relief for the claimant.
 True.
 False.

10. Pursuant to Code of Civil Procedure Section 405.31, courts must expunge a lis pendens if the claimant also seeks monetary relief.
 True.
 False.

11. A fraudulent conveyance action is not a real property claim because it seeks to make real property available for the collection of a judgment.
 True.
 False.

12. In Kirkeby v. Superior Court, the California Supreme Court ruled that a claim for a constructive trust on real property may never support a lis pendens.
 True.
 False.

13. One court summarized the law by noting, "If you properly plead a real property claim, you can file a notice of lis pendens; if you don't, you can't."
 True.
 False.

14. The recordation of a lis pendens is absolutely privileged.
 True.
 False.

15. A property owner may sue for slander of title:
A. Whenever a claimant records a lis pendens.
B. After obtaining leave from court.
C. After a lis pendens is expunged for lack of a property claim or probable validity.
D. Under no circumstances.

16. A lis pendens is effective from the time it is:
A. Filed with the court.
B. Approved by the property owner.
C. Recorded.
D. Recorded and properly indexed by the recorder's office.

17. A court may not award attorney's fees on a motion to expunge if the claimant withdraws the lis pendens before the hearing.
 True.
 False.

18. Under the practical approach, the prevailing party on a motion to expunge is the party that did not realize its litigation objectives.
 True.
 False.

19. The practical approach to determining the prevailing party on motions to expunge is contrary to the legislative purpose behind the mandatory fee provision of Code of Civil Procedure Section 405.38.
 True.
 False.

20. If a claimant withdraws a lis pendens prior to a ruling on a motion to expunge, what must courts consider before awarding attorney's fees?
A. Whether the moving party would have prevailed on the motion.
B. Whether the claimant withdrew the lis pendens for reasons unrelated to the merits of the motion.
C. Whether it would be unjust to impose attorney's fees.
D. All of the above.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
  
 

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