Does litigation privilege apply to communications that are not related to a judicial proceeding?

California, United States of America


The following excerpt is from Dean v. Friends of Pine Meadow, 21 Cal.App.5th 91, 229 Cal.Rptr.3d 865 (Cal. App. 2018):

applied only to defamation actions, the privilege has been extended to any communication, not just a publication, having some relation to a judicial proceeding, and to all torts other than malicious prosecution. [Citations.] Moreover, [t]he litigation privilege is not limited to the courtroom, but encompasses actions by administrative bodies and quasi-judicial proceedings. [Citation.] The privilege extends beyond statements made in the proceedings, and includes statements made to initiate official action. [Citation.] " ( Kashian v. Harriman (2002) 98 Cal.App.4th 892, 913, 120 Cal.Rptr.2d 576, italics omitted.)

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