The Plaintiff was a contract vendee of real properety who lost the contract. The Plaintiff sued the contract vendor for breach, but did not sue for specific performance. The property was re-sold to another after the lawsuit was filed. The Plaintiff then added our client, the replacement buyer.
This memorandum was filed in support of the replacement buyer's motion for summary judgment, which was granted. It argues that the Plaintiff's lawsuit did not create a "lis pendens" on the real property, absent a claim for specific performance. Since the Plaintiff sought only money damages for breach, there was no potential outcome that would impose equitable or legal relief against the replacement buyers.
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