Filing Of Lis Pendens Privileged.

A family home was foreclosed on pursuant to a forged or fraudulent second deed of trust. The alleged homeowners filed an action to quiet title to the property and recorded a lis pendens. The persons who purchased the property in good faith at a foreclosure sale filed an action for slander of title alleging that the recording of the lis pendens was unprivileged and wrongfully prevented them from being able to sell the property. The alleged homeowners filed a special motion to strike under Code of Civil Procedure section 425.16. The trial court granted the motion, finding the second deed of trust was void because it was forged. It also found the alleged homeowners were absolutely privileged under Civil Code section 47, subdivision (b), in filing the lis pendens. The appellate court affirmed. La Jolla Group II v. Bruce (Cal. App. Fifth Dist.; November 28, 2012) 211 Cal.App.4th 461.