Dedes

After a court trial, judgment was awarded plaintiff in the sum of $729,641.23 on a theory of slander of title. Defendant appeals from the judgment.

We originally filed an opinion in this case on May 8, 1985. After the filing of the opinion it was revealed to us for the first time that Gus Dedes had filed a bankruptcy proceeding (case No. 84-02584-M7, In re Gus Dedes, Debtor) which automatically stayed this matter. Thereafter, the United States District Court gave its approval for this appeal to proceed and authorized the trustee for the bankruptcy estate to pursue this appeal and to employ John Slawson, Esquire, as attorney for the estate. We therefore issued our opinion on April 27, 1987. On July 23, 1987, the Supreme Court transferred this cause to us “for reconsideration in light of Greenup v. Rodman (1986) 42 Cal.3d 822 .”

Facts

Mike Mallow, Gus Dedes and Calvin Peterson were the sole shareholders of Castaic Clay Manufacturing Company (Castaic). In 1977, Mallow purchased Dedes’s 50 percent share and Peterson’s 25 percent share of the company to become the sole shareholder. Castaic is engaged in the business of manufacturing bricks on a 54-acre site where the plant…