Storck

Storck v. Edelstein CA4/2

Good Law
Court of Appeal of CaliforniaSeptember 15, 2022E076218California2,665 words

Opinion

Opinion

I.

INTRODUCTION

Benjamin Storck sued Mark W. Edelstein and his law firm, the Law Offices of

Mark W. Edelstein (collectively, Edelstein) for intentional and negligent slander of title

and other claims. Storck appeals the trial court’s orders sustaining Edelstein’s demurrers

without leave to amend. We conclude Storck’s slander of title claims are barred by the

litigation privilege (Civ. Code, § 47, subd. (b)) and that he forfeited any argument that the

trial court erred in sustaining Edelstein’s demurrer to the remaining claims without leave

to amend. We therefore affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Edelstein obtained a default judgment against Storck in another action. Edelstein

then recorded an abstract of judgment against Storck with the Riverside County

Recorder’s office. Storck alleges that Edelstein used the abstract of judgment to secure

liens on four of Storck’s properties.

A few months later, however, the trial court vacated the default judgment. The

parties then arbitrated their dispute for two years, which concluded with an award for

Edelstein that the trial court later confirmed.

Storck responded by filing a complaint against Edelstein for…

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