Does litigation privilege apply to communications that have some relation to judicial proceedings?

California, United States of America


The following excerpt is from Lee v. Spyglass Hill Cmty. Ass'n, G056283 (Cal. App. 2019):

The litigation privilege applies to any communication (1) made in judicial or quasi-judicial proceedings (2) by litigants or other participants authorized by law (3) for the purpose of achieving the objects of the litigation and (4) having some connection or logical relation to the proceedings. (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1057 (Rusheen).) "Thus, 'communications with "some relation" to judicial proceedings' are 'absolutely immune from tort liability' by the litigation privilege." (Ibid.) The litigation privilege is absolute and bars all tort causes of action except malicious prosecution. (Flatley v. Mauro (2006) 39 Cal.4th 299, 322.)

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