Can a plaintiff obtain summary adjudication of his defamation claim because the alleged statements were privileged?

California, United States of America


The following excerpt is from King v. United Parcel Serv., Inc., 152 Cal. App. 4 th 426 (Cal. App. 2007):

The trial court granted summary adjudication of plaintiff's defamation claim because the alleged statements were privileged. Section 47 of the Civil Code states, in pertinent part: "A privileged publication . . . is one made: [] . . . [] (c) [i]n a communication, without malice, to a person interested therein . . . ." Parties in a business or contractual relationship have the requisite "common interest" for the privilege to apply. (Kashian v. Harriman (2002) 98 Cal.App.4th 892, 913, 930-931 [120 Cal.Rptr.2d 576].)

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