Schep v. T.D. Service Co. CA2/2
In Schep v. Capital One, N.A. (2017) 12 Cal.App.5th 1331, 1336 (Schep I), we held that a trustee’s conduct in recording a notice of sale, a notice of default, and a trustee’s deed upon sale—all in conjunction with a nonjudicial foreclosure under a deed of trust—were, at a minimum, conditionally privileged under Civil Code section 47, subdivision (c), such that the plaintiff could not state a claim for slander of title against the beneficiary who directed the trustee to record the trustee’s deed upon sale. This appeal involves the same case and asks: Does that plaintiff state a claim for slander of title against the trustee? We already answered this question in Schep I, but plaintiff in his opening brief just ignores Schep I, and in his reply brief either tries to distinguish it on grounds Schep I itself explicitly addressed or argues that Schep I is wrong.
Comments on Schep v. T.D. Service Co. CA2/2