Storck
Storck v. Edelstein CA4/2
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.