Does privilege apply in a defamation case?
California, United States of America
The following excerpt is from Younger v. Solomon, 113 Cal.Rptr. 113, 38 Cal.App.3d 289 (Cal. App. 1974):
In Thornton v. Rhoden, Supra, 245 Cal.App.2d 80, 53 Cal.Rptr. 706, the court reasoned that a privilege which attached in a defamation suit should also apply where the same facts constitute the basis for an action for abuse of process. In [38 Cal.App.3d 301] Thornton the court adopted the formulation of the privilege as set forth in section 586 of the Restatement of Torts:
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