Albertson v. Raboff

In Albertson v. Raboff (1956) 46 Cal.2d 375, plaintiff sued for disparagement of title by virtue of recordation of a notice of lis pendens in bad faith by defendant in a prior action. In determining that recordation of lis pendens is absolutely privileged, the court pointed up the sole purpose of such recording -- to give constructive notice of the pendency of the proceeding, that anyone with such notice who acquires an interest in the property does so subject to any judgment that may be rendered therein. A notice of lis pendens is purely incidental to the action wherein it is filed referring specifically to such action, and has no existence apart from it; in effect it is a republication of the proceedings, the publication of the pleadings is clothed with absolute privilege thus the republication thereof by recording a notice of lis pendens is similarly privileged. (P. 379.) The court held it was absolutely privileged. (P. 379.) Said the court at pages 380-381: "It is our opinion that the privilege applies to any publication, such as the recordation of a notice of lis pendens, that is required or permitted by law in the course of a judicial proceeding to achieve the objects of the litigation, even though the publication is made outside the courtroom and no function of the court or its officers is invoked. . . . If the publication has a reasonable relation to the action and is permitted by law, the absolute privilege attaches. It therefore attaches to the recordation of a notice of lis pendens, for such a publication is permitted by law, and like other documents that may be filed in an action, it has a reasonable relation thereto . . . ." The Supreme Court in Albertson discussed at length the obvious purpose of section 47 to afford litigants the utmost freedom of access to the courts to secure and defend their rights without fear of being harassed by subsequent actions for defamation. "It would be anomalous to hold that a litigant is privileged to make a publication necessary to bring an action but that he can be sued for defamation if he lets anyone know that he has brought it , particularly when he is expressly authorized by statute to let all the world know that he has brought it." (P. 380.) The Supreme Court of California interpreted the statute that forms the basis of Guam's litigation privilege. Therein, the court stated that "publication of the pleadings is unquestionably clothed with absolute privilege, and we have concluded that the republication thereof by recording a notice of lis pendens is similarly privileged." Id. at 408.