Slander of Title is made up of six elements. It is a tort that consists of a false, malicious and unprivileged disparagement of another person's title to real or personal property resulting in pecuniary loss or damage. The action is for an invasion of the party's interest in the marketability or vendibility of its property. Miller and Starr California Real Estate 3d, Recording Priorities, 108-109. There must be a direct or indirect disparagement of the owner's title.

The second element is that the disparaging statement must have been published. Gudger v. Manton (1943) 21 Cal.2d 537 (overruled on other grounds by Albertson v. Raboff (1956) 46 Cal.2d 375. The disparaging statement must be untrue.

The next element is that the statement that was published was not privileged and without justification. Albertson v. Raboff, supra at 378-379, 381. The determination of the privilege must be resolved in the light of Civil Code §47, which creates a long and established rule that communications during the course a judicial proceeding are absolutely privileged.

The next element is that the statements must have been made with malice. Though malice may be expressed or implied, the Court must make a finding on the implication of malice in law. Spencer v. Harmon Enterprises, Inc. (1965) 234 Cal.App. 2d 614, 622; Gudger v. Manton, supra at 543-544

The final element is that they have suffered, as a proximate cause of the disparaging statements published, a pecuniary loss or damage as the owner of their interest.