Albertson v. Raboff

Summary

The Supreme Court of California held that recording a notice of lis pendens is absolutely privileged against a disparagement-of-title claim when the notice is authorized by law and reasonably related to the judicial proceeding. The court further held that the complaint adequately stated a claim for malicious prosecution based on allegations that the defendant knowingly and maliciously asserted false claims to an interest in the plaintiff's real property. The judgment of dismissal was reversed.

Holdings

1. The action was not premature because the portion of the prior judgment determining that Raboff had no interest in or right to a lien on the property was severable, was not appealed, and became final before Albertson filed this action.
2. The absolute privilege applicable to publications made in the course of a judicial proceeding extends to the recording of a notice of lis pendens when the notice is permitted by law and has a reasonable relation to the action.
3. The complaint sufficiently stated a malicious-prosecution cause of action by alleging that Raboff prosecuted property claims with knowledge that they were false and without probable cause, and with malice.
4. The unnecessary findings concerning the parties' intent to create a lien did not constitute res judicata and did not overcome Albertson's allegations that Raboff knowingly asserted a false property claim.

Questions Presented

1. Whether Albertson's action was premature because an appeal from another portion of the prior judgment was pending.
2. Whether recording a notice of lis pendens is absolutely privileged against an action for disparagement of title.
3. Whether the complaint sufficiently alleged a cause of action for malicious prosecution based on Raboff's allegedly false claims to an interest in the property.
4. Whether findings in the prior action conclusively established probable cause and barred Albertson's malicious-prosecution claim.

Disposition

reversed