Does Section 2924 of the California Civil Code, section 47 of the Code of Civil Procedure, grant privileged communications to a plaintiff in a nonjudicial foreclosure proceeding?

California, United States of America


The following excerpt is from Allen v. Select Portfolio Servicing, Inc., A146795 (Cal. App. 2017):

Additionally, as we have discussed, section 2924 deems "the statutorily required mailing, publication, and delivery of notices in nonjudicial foreclosure, and the performance of statutory nonjudicial foreclosure procedures, to be privileged communications," pursuant to section 47. (Kachlon v. Markowitz (2008) 168 Cal.App.4th 316, 325.) In his opening brief on appeal, plaintiff contends defendants' actions were not privileged because they acted with malice, "meaning ' "that the publication was motivated by hatred or ill will towards the plaintiff or by a showing that the defendant lacked reasonable grounds for belief in the truth of the publication that therefore acted in reckless disregard of the plaintiff rights." ' " (Id. at p. 336, italics

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