Bernstein v. Banco Popular North America

• Court: District Court, N.D. California
• Decided: March 19, 2025
• Docket: 5:25-cv-02204
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 JOHN L. BERNSTEIN, et al., Case No. 25-cv-02204-VKD

9 Plaintiffs, ORDER RE PLAINTIFFS' 10 v. APPLICATIONS TO RECORD LIS PENDENS 11 BANCO POPULAR NORTH AMERICA, et al., Re: Dkt. Nos. 10, 11, 19 12 Defendants.

13 14 On March 4, 2025, plaintiffs, who are representing themselves, filed a 655-page 15 “Complaint for Real Property” and various appended and interspersed documents concerning 16 foreclosure proceedings. Dkt. No. 1. The complaint’s allegations are unclear, but seem to pertain 17 to real property in Fremont, California. The complaint lists a host of defendants that appear to 18 include a bank, a law firm, various title insurance, collection, and/or foreclosure entities, as well as 19 a homeowners association and several individuals involved with the homeowners association. 20 Plaintiffs assert diversity jurisdiction, 28 U.S.C. § 1332. Id. On March 10, 2025, plaintiffs filed 21 applications requesting that the Court record lis pendens, followed several days later by 22 declarations and a 1,669-page “Request for Judicial Notice.” Dkt. Nos. 10-15. On March 19, 23 2025, plaintiffs filed yet another application to record lis pendens and other documents, including 24 an 85-page “Letter Brief” and exhibits. Dkt. Nos. 18-20. 25 The docket reflects that plaintiffs have requested that some defendants waive service of 26 process. See Dkt. Nos. 4-8, 16. However, no defendant has appeared in the action, and this Court 27 does not have the complete consent of all parties. See 28 U.S.C. § 636(c)(1); Williams v. King, 1 “A lis pendens is a recorded document giving constructive notice that an action has been 2 filed affecting title or right to possession of the real property described in the notice.” Castellanos 3 v. Zieve, No. 22-cv-02191-HSG, 2022 WL 1665178, at *2 (N.D. Cal. May 25, 2022) (citing BGJ 4 Assocs., LLC v. Superior Ct., 75 Cal. App. 4th 952, 966 (1999)). “Once a lis pendens is filed, it 5 clouds the title and effectively prevents the property’s transfer until the litigation is resolved or the 6 lis pendens is expunged.” Id. (citing BGJ Assocs., LLC, 72 Cal. App. 4th at 966). “Accordingly, 7 lis pendens is a provisional remedy which should be applied narrowly.” Id. (citing BGJ Assocs., 8 LLC, 72 Cal. App. 4th at 966). 9 Federal courts look to the law of the state where the property is located in matters 10 concerning lis pendens. See id. (citing 28 U.S.C. § 1964). As plaintiffs are representing 11 themselves, California law requires the approval of a judge before a notice of pendency of an 12 action may be recorded. See Castellanos, 2022 WL 1665178 at *2 (citing Cal. C.C.P. § 405.21). 13 A recording party must demonstrate that her pleading contains a “real property claim” and must 14 also establish “by a preponderance of the evidence the probable validity of the real property 15 claim.” See Cal. C.C.P. §§ 405.31, 405.32. In this context, a “real property claim” refers to “the 16 cause or causes of action in a pleading which would, if meritorious, affect [ ] title to, or the right to 17 possession of, specific real property.” Cal. C.C.P. § 405.4. The term “probable validity” means 18 that “it is more likely than not that the claimant will obtain a judgment against the defendant on 19 the claim.” Id. § 405.3. 20 Here, plaintiffs’ complaint—comprising 655 pages of rambling and disparate allegations, 21 with various interspersed and appended documents—is so prolix and argumentative that it fails to 22 provide fair notice of the grounds on which plaintiffs’ claims rest. On this record, the Court 23 cannot properly determine whether plaintiffs have established the “probable validity” of a “real 24 property claim.” Plaintiffs are given leave to re-submit a request to record lis pendens that 25 complies with this District’s Civil Local Rules. See, e.g., Civil L.R. 7-1 & 7-2 (concerning 26 motions, notice, and supporting papers); Civil L.R. 7-4 (concerning content and length of briefs or 27 memoranda of points and authorities); Civil L.R. 7-10 (addressing ex parte motions). However, 1 continued disregard for the Civil Local Rules may lead to order(s) striking plaintiffs’ filings. 2 To the extent they have not already done so, plaintiffs are encouraged to obtain and review 3 || the Court’s Pro Se Handbook.' Additionally, if they need help filing documents with the Court, 4 || plaintiffs are advised that the Federal Pro Se Program at the San Jose Courthouse provides free 5 information and limited-scope legal advice to self-represented litigants in federal cases. 6 || Information regarding the Program can be found at https://cand.uscourts.gov/pro-se-litigants/the- 7 federal-pro-se-program-at-the-san-jose-courthouse/. Appointments may be scheduled by calling 8 || 408-297-1480. 9 IT IS SO ORDERED. 10 Dated: March 19, 2025 11

Virginia K. DeMarchi 13 United States Magistrate Judge SS

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