Phillips v. Glazer

[674]

MOORE, P. J.

From a judgment awarding respondents damages for slander of title and injunction against the publication thereof defendant appeals on (1) asserted errors in admitting certain testimony and (2) insufficiency of the evidence of the slander.

Appellant and respondents are owners of Parcels 19 and 20 of Malibu Colony, contiguous properties in Los Angeles County. Prior litigation between them had determined that the common grantor of appellant and respondents had constructed improvements on respondents’ property which protruded a few inches onto appellant’s lot. The resulting judgment in that action awarded to appellant all such encroaching improvements. Thereafter, appellant attempted personally to remove the portions of respondents’ home so awarded her and having failed, employed contractors to complete the task. During respondents’ absence, large portions of the wall were removed leaving the interior of the house exposed to the elements and open to transient thieves who removed things of value.

When respondents decided to sell Parcel 20 appellant placed a large sign upon her own garage in full view of respondents’ premises, reading as follows: “Notice. Anyone buying No. 20 Malibu is buying law suit. Anyone renting or using main house or garage will be sued for rent. Title clouded rt. sides wall, foundation mine. Sign remover will be prosecuted. S. L. G. ” Prospective purchasers desisted from buying after visiting the premises and seeing appellant's sign. Brokers refused to list the property.

Respondents commenced the instant action for slander of title and to enjoin further removal of the building. Appellant answered and cross-complained for the reasonable value of the use of approximately 5 inches of the premises awarded to her by the prior judgment.

This appeal presents two questions only: First, did the court improperly admit hearsay testimony ? Secondly, was the evidence sufficient to warrant a finding that the title was slandered ?

Dr. Louis Phillips, trustee owner of respondents’ property, testified that as trustee for his mother he would have conveyed the title of Parcel 20 in 1947 had she found a purchaser and requested him to do so; that he discussed a sale with his friend, Dr. Ingleberg and with one Norman Smith; that his discussion with Dr. Ingleberg was in the fall of 1947. “Q. What was