CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Litigation Privilege
.........Case Examples
 34 Cards On This Topic:
  • Victim Witness Program letter to family court re former abuse allegation was absolutely privileged, and state constitutional privacy claim did not trump privilege.
  • Where cause of action is based on communicative act, litigation privilege extends to those noncommunicative actions necessarily related to it.
  • Citizen’s statements made when contacting law enforcement to report suspected criminal activity are privileged per CC §47 (b), and can be basis for tort liability only if P can establish elements of malicious prosecution.
  • CC 47(b) privilege applies to communication concerning possible wrongdoing, made to official govt. agency such as local police dept. if communication is designed to prompt action by that entity.
  • Litigation privilege absolute and there is no exception for communications not made to promote "interest of justice."
  • D attys' CCP 425.16 motion affirmed where a supposedly stolen hard drive, given to them for litigation purposes, resulted in P's attempt to disqualify them, for the sole "crime" of representing their clients in the underlying action.
  • As County-related lab's alleged conduct in giving family erroneous DNA test information (stating F was not C's father) fell within the CC 47(b) privilege, trial court did not err in granting SJ to lab, nor by denying leave to amend.
  • Atty.'s request for fees, after her services as H's divorce/custody GAL were over, was subject to the litigation privilege, barring H's C/As for fraud and breach of contract.
  • No error in granting SJ for doctor who filled out DMV form stating epileptic D could drive where all of the conduct relied upon by injured Ps fell within the litigation privilege.
  • Fraud and deceit claim in atty fee dispute, premised upon Atty 2's alleged disparaging communications about Atty 1 to client, came within protection of litigation privilege.
  • CCP 425.16 applicable to P's complaint re her arrest on warrant arising from alleged failure to appear as subpoenaed witness and she had no probability of prevailing as CC 47(b) immunized Ds' conduct.
  • As atty's communication of settlement offer to OPC is protected activity subject to absolute litigation privilege, trial court properly ruled Ps' lawsuit a SLAPP action.
  • CC 2924 deems mailing, publication, and delivery of notices in nonjudicial foreclosure, and performance of statutory nonjudicial foreclosure procedures, to be privileged communications under CC 47(c)(1).
  • Public dissemination of official's alleged defamatory statements protected by official acts privilege of CC 47(a) privilege and trial court properly granted Ds' special motion to strike.
  • Voicemail messages from attorney re subject of dispute in anticipation of litigation were covered by anti-SLAPP statute and litigation privilege—D's anti-SLAPP motion should have been granted.
  • Joint or neutral accountant may not be sued for accounting malpractice in divorce; action barred as matter of law by CC 47(b)(2) litigation privilege.
  • PC 11172 damages for false child abuse report inapplicable where victim/defendant filed report, which is absolutely privileged under CC 47 (b); D's motion to strike improperly denied.
  • HO assoc. letter to members re lawsuit with homeowner who refused access for maintenance obligations fell w/in litigation privilege; order denying special motion to strike reversed.
  • Because CC 47 litigation privilege protected Form filed with NASD by employer, employee/broker could not show probability of success on merits of defamation and business interference claims.
  • Litigation privilege did not bar action against store where causes of action were predicated on conduct, not on communications.
  • DIRECTV's demand letters to stop using pirating devices were absolutely privileged under CC §47 (b) litigation privilege.
  • The policies behind the litigation privilege are not furthered by applying the privilege in agent breach of contract case.
  • Dentist's communication with patient/police officer's superiors that he might have prescription drug problem covered by exception to CMIA and absolute immunity of CC 47.
  • Counsel's representations re policy limits in settlement negotiations absolutely privileged under CC 47 and won't support fraud action.
  • Demurrer proper where Ds' attorneys fees collection actions privileged under Civ. Code §47 (b); appeal doesn't stay collection efforts.
  • SJ properly granted on ground that Ds' conduct in filing complaints against Ps was absolutely privileged under Civ. Code §47 and Ps failed to raise a triable issue about application of absolute privilege.
  • Defamation action against attorney for letters she wrote for client in prior suit barred by litigation privilege.
  • Erroneous identification of stranger in otherwise privileged court filing does not affect litigation privilege’s application; Ds protected from defamation complaint.
  • Doctor's report to workers' comp. ins. absolutely privileged by Civ. Code §47 (b)(2) litigation privilege.
  • Employer in sex harassment case may assert atty-client priv. as to docs in investigation files, even where employer pleads adequacy of prelitigation investigation as defense.
  • Stmts made in State Auditor's report under whistleblower law privileged under Civ. Code §47 (b); P's tort claims based on those statements properly dismissed.
  • Court-appointed child custody expert's discussing allegations re mother's boyfriend protected by Civ. Code §47 judicial privilege.
  • Allegedly defamatory statements made against attorneys in judicial proceeding were absolutely privileged under CC 47 (b)(2) and (b)(3).
  • Broad effect of Civ. Code §47 (d)'s plain language is to accord absolute privilege to Microsoft's paid newspaper announcement of a lawsuit's allegations against D.


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