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3600 REVIEW DENIED The Litigation Privilege applies to the recording of a lis pendens only if the lis pendens identifies an action previously filed with a court of competent jurisdiction which affects the title to, or right of possession of, real property and has legal and evidentiary merit; a lis pendens is not judicial process, so filing it cannot be the basis of an action for abuse of process; since the Code of Civil Procedure provides that a sale of property to satisfy a judgment may not be set aside for any reason unless the purchaser at the sale was the judgment creditor, an action based on a mere suspicion that the purchaser at a foreclosure sale was "in cahoots" with the judgment creditor is not supported by probable cause and may be the subject of a subsequent suit for malicious prosecution.CitationPALMER v ZAKLAMA (Lis Pendens) 109 CA4 1367 [See: CivC 47; CCP 701.680; Yu v Signet Bank 103 CA4 298, T/AT 12/02; Wilton v Mt Wood 18 CA4 565, T/AT 11/93; Sheldon Appel v Albert 47 C3 863]
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