Does reading confidential psychiatric records of a crime victim constitute a communication under litigation privilege?

At oral argument plaintiff directed us to Mansell v. Otto (2003) 108 Cal.App.4th 265, which states that merely reading the confidential psychiatric records of the plaintiff, a crime victim, was not a communication under the litigation privilege ( 47, subdivision (b)(2)) because plaintiff did not allege in her complaint that the records were used in a judicial proceeding. (Mansell v. Otto, supra, 108 Cal.App.4th at p. 271.) In our case the complaint not only alleges that plaintiff's file was transmitted and disclosed, but also that was done in the context of the official investigation of the whistleblower complaint and in the federal court case.