Jones v. Beckman
Appellants, an attorney and his law firm, recorded a lis pendens after initiating a quiet title action against respondent.[1] Respondent in turn sued appellants and others on a slander of title theory and succeeded in defeating appellants motion to strike under the anti-SLAPP statute, Code of Civil Procedure section 425.16. The trial court correctly determined that appellants satisfied their burden under the first prong of the anti SLAPP statute but, since the litigation privilege affords immunity to the underlying activity of recording the lis pendens, it erred in concluding that respondent had shown a probability of prevailing on the merits of her claim. Accordingly, Court reverse the order denying appellants section 425.16 motion to strike.
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