Legal Opinion
Schep v. Capital One, N.A.
California Court of Appeal, 5th District
Decided June 26, 2017No. B269724PublishedCited by 19 opinions
1Opinion of the CourtHoffstadt, J.
*1333Are a trustee's acts in recording a notice of default, a notice of sale, and a trustee's deed upon sale in the course of a nonjudicial foreclosure privileged under Civil Code section 47 ?1 We conclude that they are and that a plaintiff does not state a cause of action for slander of title based on the recording of those documents. Accordingly, we affirm the trial court's order sustaining a demurrer to plaintiff's slander of title claim without leave to amend.
*1334FACTS AND PROCEDURAL BACKGROUND
I. Factual Background
A. Original loan and deed of trust
In April 2007, Raymond A. Schep (plaintiff)…
2Cases cited17 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Taus v. LoftusCalifornia Supreme Court · 2007
- Yvanova v. New Century Mortgage Corp.California Supreme Court · 2016
- Mesler v. Bragg Management Co.California Supreme Court · 1985
- Evans v. City of BerkeleyCalifornia Supreme Court · 2006
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Smyth v. Berman, California Court of Appeal, 5th District2019
- People v. Superior Court, California Court of Appeal, 5th District2019
- Brown v. Smith, California Court of Appeal, 5th District2018
- Bauman v. Wells Fargo Bank CA4/1California Court of Appeal · 2021
- Brown v. SmithCalifornia Court of Appeal · 2018
14 more not listed; retrieve them via the Exa API.