The Pending Real Estate Litigation Standard in Arizona

33-420(B) the seller is entitled to a prompt hearing on the validity of the pendens, the second question asked by the seller is "What must be proved at this hearing to invalidate the pendens?"

The Arizona Court of Appeals in Evergreen West, Inc. v. Boyd, 167 Ariz. 614, 810 P.2d 612 (Ariz. Ct. App. 1991), established a "groundless" standard for invalidating a pendens before resolution of the specific performance lawsuit (which may last years). In other words, the seller seeking to invalidate the lis carries the burden of proof to establish that the claim upon which the lis pendens is based is "groundless" (i.e., frivolous or totally without merit). This "groundless" standard promulgated by the Court of Appeals in Evergreen West establishes the lowest possible threshold for invalidating a lis pendens prior to resolution of the specific performance lawsuit.

In 1992 our neighboring jurisdiction of California established a much tougher standard which better protects sellers. California's standard requires the trial court to make a threshold inquiry into whether "the claimant has... established by a preponderance of the evidence the probable validity of the real property claim." Cal. Civ. Proc. Code