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ELDER v. CARLISLE INS. CO.

Docket No. B016953.

193 Cal.App.3d 1313 (1987)

238 Cal. Rptr. 897

PAUL R. ELDER et al., Plaintiffs and Respondents, v. CARLISLE INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

July 30, 1987.

Attorney(s) appearing for the Case

COUNSEL

Vallette & Bassin and Michael Robert Bassin for Defendant and Appellant.

Hecht, Diamond & Greenfield, Ira D. Riskin, Jeffer, Mangels & Butler and Herbert A. Bernhard for Plaintiffs and Respondents.

[Opinion certified for partial publication.*]

OPINION

DEVICH, J.

When a trial court conditions the expungement of a notice of lis pendens (hereafter lis pendens) upon the defendant giving the plaintiff an undertaking (Code Civ. Proc., § 409.1)1 and the plaintiff prevails in the underlying lawsuit solely on one or...

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