California, United States of America
The following excerpt is from Lopez v. Lopez, B287383 (Cal. App. 2019):
On appeal, appellant renews his argument based on the litigation privilege. The litigation privilege, codified in Civil Code section 47, subdivision (b), protects "any communication (1) made in judicial or quasi-judicial proceedings; (2) by litigants or other participants authorized by law; (3) to achieve the objects of the litigation; and (4) that have some connection or logical relation to the action." (Silberg v. Anderson (1990) 50 Cal.3d 205, 212 (Silberg).) As explained below, we agree the privilege bars one of respondent's claims for abuse of process -- the claim based on appellant's excessive discovery.6 In her brief on appeal, respondent lists only the alleged acts underlying her other abuse of process claims -- appellant's alleged dilatory practices and intimidation of witnesses. She then argues
Page 17
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.