Wilton

Wilton v. Mountain Wood Homeowners Assn., Inc.

Bad Law
18 Cal. App. 4th 565·1993 Cal. App. LEXIS 897·22 Cal. Rptr. 2d 471·93 Daily Journal DAR 11246·93 Cal. Daily Op. Serv. 6598
Court of Appeal of CaliforniaAugust 31, 1993A058663California1,752 words

Opinion

Opinion

Perley, J.

Mark A. Wilton appeals from a judgment of dismissal after the demurrer of respondent Mountain Wood Homeowners Association, Inc., to his cross-complaint for slander of title was sustained without leave to amend. The trial court ruled that the publication of respondent’s liens on appellant’s property was protected by the litigation privilege under Civil Code section 47, subdivision (b). We agree and hold that the litigation privilege protects the publication of assessment liens by condominium homeowners associations.

Facts

Appellant’s cross-complaint alleges the following facts. Appellant acquired title on May 1, 1984, to a condominium unit in Oakland. Respondent agreed to excuse appellant from paying homeowners’ dues and assessments in exchange for appellant’s services in maintaining and repairing the common areas near his unit. Appellant performed these services and was never billed for homeowners’ dues. However, despite the performance of these services, respondent filed a total of $12,600 in fraudulent assessment liens against appellant’s unit. The existence of these liens was published to a number of parties, including the subsequent purchaser of the unit, Timothy…

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