p0570 Withdrawal of a lis pendens while a motion to expunge it is pending does not result in an automatic award or denial of attorney fees to the moving party; the trial court has discretion to award fees based on a determination of which party would have prevailed on the motion and whether the lis pendens claimant acted with substantial justification in filing it.CitationCASTRO v SUPERIOR COURT (Lis Pendens Fees) 116 CA4 1010 [See: CCP 405.38 405.32 405.20, 405.24; Santisas v Goodin 17 C4 599, T/AT 4/98; Coltrain v Shewalter 66 CA4 94, T/AT 9/98]
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