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2025-01521675·orange·Civil·Real Property / Lis Pendens
Hearing 14 days agoGRANTED

Natfund II LLC v. Aryabhata Group LLC

Motion for Leave to Intervene

Hearing date
Aug 10, 2026
Department
C28
Prevailing
Moving Party

Motion type

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Parties

PlaintiffNatfund II LLC
DefendantAryabhata Group LLC
OtherPacific High Yield Fund I, LLC

Ruling

# Case Name Tentative

sanctioned or reported to the State Bar for presenting AI hallucinations or otherwise failing to confirm the representations counsel makes to the court. If the court decides to issue an order to show cause, a separate hearing will be set.

The case management conference is continued to January 25, 2027 at 9:00 a.m. in Department C28.

Moving parties shall give notice of this ruling.

56. Natfund II Third Party Intervenor Pacific High Yield Fund I, LLC’s LLC v. unopposed Motion for Leave to Intervene is GRANTED. Aryabhata “At any time after notice of pendency of action has been Group LLC recorded, any party, or any nonparty with an interest in the 2025- real property affected thereby, may apply to the court in 01521675 which the action is pending to expunge the notice. However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the party brings the motion to expunge the notice. Evidence or declarations may be filed with the motion to expunge the notice.” (Code Civ. Proc., § 405.30.)

“A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests.” (Code Civ. Proc. § 387(c).)

Intervenor is the current owner of the Property at issue and disputes the validity of the lis pendens. As such, Intervenor has a sufficient interest in the litigation to allow intervention. A property owner whose property has been mistakenly encumbered by a lis pendens clearly has such an interest, as the lis pendens “acts as a cloud against the property, effectively preventing sale or encumbrance until the litigation is resolved or the lis pendens is expunged.” (Amalgamated Bank v. Superior Court (2007) 149 Cal.App.4th 1003.)

The motion is unopposed.

Although Intervenor has not attached a copy of the proposed answer, the court GRANTS the motion and ORDERS Intervenor to separately file the answer in intervention within ten days.

Intervenor shall give notice in accordance with Code Civ. Proc. § 387, subd. (e).

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