Document Type

Article

Publication Year

1955

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Abstract

In a prior action Raboff had sued Albertson, seeking a money judgment and either a lien on Albertson's real property or a judgment declaring that her title was obtained, in fraud of creditors. Raboff recorded a notice of pendency of this action and subsequently obtained a money judgment, but Albertson prevailed on the counts concerning the real property. In the present action, Albertson alleged that Raboff had known when he had filed his prior complaint that he had no right to an interest in her property, that he had nevertheless knowingly and maliciously asserted false claims thereto, and that by recording a lis pendens notice he had disparaged her title. The trial court dismissed the action on the ground that the complaint did not state a cause of action. Reversed.

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