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WESTFIELD DEV. v. RIFLE INV. ASSOC.

No. 88SC628.

786 P.2d 1112 (1990)

WESTFIELD DEVELOPMENT COMPANY, a California corporation, Louis A. Conter, and James E. Rodgers, Petitioners, v. RIFLE INVESTMENT ASSOCIATES, a California limited partnership; and Edward L. Clabaugh, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 5, 1990.

Attorney(s) appearing for the Case

Nicholas W. Goluba, Jr., Glenwood Springs, Friedemann & Bronk, Robert A. Merring, Irvine, Cal., and Robinson & Wisbaum, Michael W. Robinson, Costa Mesa, Cal., for petitioners.

Brega & Winters P.C., Charles F. Brega and Margaret C. Gilliam, Denver, for respondents.

Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to determine whether the recording of a notice of a lis pendens constitutes a privileged statement made in the course of a judicial proceeding and, if such notice is not absolutely privileged, what the proper measure of damages is. The district court awarded substantial damages against petitioner Westfield Development Company (Westfield) in favor of respondent Rifle Investment Associates (RIA...

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