On , Plaintiff Anchor Loans, LP filed a complaint to allege breach of guaranty and fraud against Defendants Beatrice Maldonado, Smart Solar Energy Sales, Inc. (“Smart Solar”), and Does 1-25 inclusive. (Complaint.) Plaintiff alleges that this real estate fraud case involved Defendant Maldonado and her company Smart Solar taking advantage of California’s Property Assessed Clean Energy Program (“PACE”) to fraudulently obtain loans secured through special assessments against a property located at 16510 Knollwood Drive, Granada Hills, CA, 91344 (the “Property”). (Case Summary, p. 1:24-27.)

Plaintiff alleges that their $614,400 first priority deed of trust against the Property was reduced to a fourth priority lien and caused Plaintiff to lose at least $380, when the Property entered foreclosure. (Martine Decl., 3.)

Plaintiff alleges that “Ygrene, Reerica and PACE Funding are each lenders who provide PACE loans and who have adopted underwriting guidelines, including but not limited to the Best Practice Guidelines, to ensure that said PACE loans are not fraudulently underwritten and/or issued

“Anchor has settled with two of the PACE lenders, Ygrene Energy Fund, Inc. and PACE Funding, LLC, and both have been dismissed from this action. The third PACE lender, Reerica, Inc., declared bankruptcy while the litigation was ongoing and will be dismissed from this case. The only remaining parties in this case are Maldonado, Smart Solar, and Luis Meza Marentes, d/b/a Marentes Construction (“Marentes”). Each of these remaining defendants have had their defaults taken. Anchor now seeks a Court judgment against Maldonado for her breach of a Guaranty.” (Signorotti Decl., 4.)

The request is DENIED without prejudice. Plaintiff is required to serve and file the following: Memorandum of Costs, Interest Calculation, Declaration of Non-Military Status, JUD-100 http://installmentloansindiana.com/cities/covington (Judgment Form).

Counsel may refile their default prove-up documents pursuant to Code. The Court schedules an OSC re Entry of Default Judgement for .

· Exhibit A : The notice of special tax lien recorded by Ygrene (“Ygrene Lien”) against 16510 Knollwood Drive, Granada Hills, CA 91344 (the “Property”). The Ygrene Lien was recorded in the official records of the Los Angeles County Recorder’s Office on 0578567.

It is unclear whether Ygrene obtained an appraisal of the Property prior to making the Ygrene Loan

A slander of title claim “may be prosecuted only by someone with an interest in the property. ‘An action for slander of title is maintainable only by one who possess[es] an estate or interest in the property.’ [Citation]” (Chao Fu, Inc. v. Chen (2012) 206 Cal.App.4 th 48, 58.)

In the context of liens, “[c]ourts have extended the protections of the litigation privilege to ‘the recordation of a notice of lis pendens’ ([Albertson v. Raboff (1956) 46 Cal.2d 375,] 381, 295 P.2d 405), ‘the publication of an assessment lien’ (Wilton v. Mountain Wood Homeowners Assn., Inc. (1993) 18 Cal.App.4th 565, 570, 22 Cal.Rptr.2d 471 (Wilton)), and ‘the filing of a claim of mechanic’s lien in conjunction with a judicial proceeding to enforce it’ (Frank Pisano Associates v. Taggart (1972) 29 Cal.App.3d 1, 25, 105 Cal.Rptr. 414 (Pisano)).” (Id. at p. 831.)

Here, Ygrene’s PACE assessment lien is authorized by validly enacted California statutes. These statutes require Ygrene to record PACE liens to secure the repayment of PACE financing to a governmental agency.

· “Neither Ygrene, Maldonado nor Smart Solar advised Plaintiff about the Ygrene Loan prior to its funding. The Ygrene Loan mean [sic] that the Property was now encumbered with $731, in debt, a loan to value ratio of 95%. ” (SAC, ¶ 27.)

Based on the foregoing, the Court finds that at this demurrer stage, Plaintiff sufficiently alleges that Defendant owed Plaintiff a duty of care pursuant to the Biakanja factors.