A Real Estate Dispute That Offers Critical Lessons for Professionals

In this episode of Real News Extra®, Jennifer Felten, Founder and Principal of RELAW, APC, joins Fred Felten, Operations Manager, to discuss the “Case of the Month Kim v. New Life Oasis Church”. This is a California case addressing whether recording a lis pendens can expose a party to liability for damages or attorney’s fees.

The case arose from a long-running property dispute between church groups that later involved an attorney seeking unpaid legal fees. After filing suit, the attorney recorded a lis pendens tied to litigation affecting ownership and title. The opposing party claimed the recording was wrongful and harmed the property’s marketability.

The Court of Appeal disagreed, holding that when a lis pendens is directly connected to a legitimate lawsuit affecting title, it is protected by California’s litigation privilege. Even if it delays a sale or financing, the proper remedy is typically to seek expungement not damages. Whether you're in real estate, lending, or law, this case offers real-world insight into the value of due diligence, compliance, and informed decision-making.

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