Legal Question in Real Estate Law in California

Re: Jury Instructions for Slander of Title

There do not appear to be any pre-formulated jury instructions for slander of title. If you need a list of the elements, etc. of this cause of action, please feel free to contact me.

Re: Jury Instructions for Slander of Title

You can use a regular defamation jury instruction, or fashion your own. Slander of title is (1) a published statement that disparages a person's title; (2) that is false; (3) that is made with malice; and (4) results in special damages.

Black's Law Dictionary (5th ed.) defines it as: "A false and malicious statement, oral or written, made in disparagement of a person's title to real or personal property, or of some right of his causing him special damage. "Malice" as an essential element of "slander of title" purports an intention to vex, injure or annoy another person. (Interestingly, in Louisiana, it's called an "action of jacitation.")