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Levinson v. District Court7/29/1993
mpted to obtain what amounts to a prejudgment attachment on Levinsons' property through the guise of an action implicating a provisional lis pendens remedy. Read contends without credible evidence, that the Levinsons' real property is the only asset which would satisfy her claim. Even if we were to assume that Read's fears are true, they would not support the relief she seeks by invoking the lis pendens statute. To repeat, lis pendens is not available to merely enforce a personal or money judgment. There must be some claim of entitlement to the real property affected by the lis pendens, a condition wholly absent in the case before us.
The district court erred in refusing to grant petitioners' motion to expunge the lis pendens, and the Levinsons have no plain, speedy and adequate remedy in the ordinary course of law. We therefore order the Clerk of this court to forthwith issue a writ of mandamus directing the district court to expunge the lis pendens on petitioners' real property.
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