Reasoning that Kirkeby v. Superior Court (2004) 33 Cal.4th 642 impliedly overruled BGJ Associates v. Superior Court (1999) 75 Cal.App.4th 952, this decision holds that when a plaintiff seeks to impose a constructive trust on specific property so as to become (again) the owner of that property wrongfully taken from him, the action “affects title to real property” sufficiently so as to support recordation of a lis pendens.  When, however, the constructive trust is invoked solely as a means of collecting money damages, it does not affect real property and no lis pendens may be recorded.  Here, plaintiff sought to reacquire title to real property which he claimed the defendant had conspired with a third party to take from him by fraud.  The trial court erred in expunging plaintiff’s lis pendens.