Martin and Johns General Partnership v. ETS Services
Plaintiff Ouita Martin and Thomas A. Johns General Partnership purchased a residential property from four defendant entities at a nonjudicial foreclosure sale. Plaintiff brought an action to rescind its purchase, claiming defendants had not disclosed that the property was the subject of a lawsuit filed by defaulting homeowners. Defendants demurred on the ground that a lis pendens recorded on the property by the homeowners before plaintiff's purchase gave plaintiff constructive notice of the pending litigation. The trial court found that the lis pendens provided plaintiff with sufficient notice of the pending litigation and sustained defendants' demurrer without leave to amend.
Plaintiff appeals from the ensuing judgment of dismissal, contending that it was entitled to actual notice, not merely constructive notice. We agree with the trial court and affirm.
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