Pursuant to the Civil Code A person shall not record a notice of intent to preserve an interest in real property for the purpose of slandering title to the real property. If the court in an action or proceeding to establish or quiet title determines that a person recorded a notice of intent to preserve an interest for the purpose of slandering title, the court shall award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the recording. Thus, attorney fees can be recoverable in actions where a recording slandering title seeks to clear title. See also Sumner Hill Homeowner’s Assn., Inc. v. Rio Mesa Holdings, LLC, (2012) 205 Cal. App. 4th 999, 1031 (“we hold that at least in cases such as this one where title was disparaged in a recorded instrument, attorney fees and costs necessary to clear title or remove the doubt cast on it by defendant’s falsehood are, by themselves, sufficient pecuniary damages for purposes of a cause of action for slander of title.”)
If a recording is disparaging clean title to your property, contact one of our Los Angeles Real Estate Attorneys today for a free consultation and case evaluation.