Appeal of Lis Pendens Order Dismissed for Failure to Comply with Statutory Writ Procedure

Grimberg v. Pour
D085888 (Fourth Appellate District) July 17, 2026

A dispute arose over an irrevocable trust established by Priel and Jacob Grimberg, whose primary assets were two residential units. After Jacob’s death, documents were executed naming Priel’s niece, Libby Pour, as successor trustee. Arie Tomer Grimberg, the Grimbergs’ son and trust beneficiary, filed petitions in the San Diego County Superior Court to challenge the validity of these documents, alleging Priel lacked capacity and was manipulated, and further claimed that Pour diverted trust assets for her own benefit, including the improper sale of trust property and personal use of trust proceeds. The court appointed a guardian ad litem for Priel and, after various developments including Pour’s bankruptcy filings, authorized the guardian to record lis pendens on Pour’s real properties to secure potential surcharges for alleged mismanagement.

The Superior Court of San Diego County issued several orders regarding the recording and withdrawal of lis pendens, in light of Pour’s bankruptcy filings and subsequent dismissals. After the bankruptcy stay lapsed, the probate court granted the guardian ad litem’s request to re-record lis pendens against Pour’s properties. Pour appealed this order, arguing that it was improper under the lis pendens statutes because there was no real property claim as defined by law, and that the order should be appealable under general Probate Code provisions.
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The California Court of Appeal, Fourth Appellate District, Division One, reviewed the appeal. The court held that the order authorizing the recording of lis pendens was not appealable under Code of Civil Procedure section 405.39, which provides that such orders must be challenged by writ of mandate within a specified time, not by appeal. The court found that the more specific lis pendens statutes controlled over the general probate provisions. Even if the appeal were treated as a writ petition, it would be untimely. Accordingly, the appeal was dismissed.