If the challenged action falls within the litigation privilege, should the court grant an anti-SLAPP motion?

California, United States of America


The following excerpt is from Laker v. Bd. of Trs. of the Cal. State Univ., 244 Cal.Rptr.3d 238, 32 Cal.App.5th 745 (Cal. App. 2019):

If the challenged action falls within the litigation privilege, the trial court should grant an anti-SLAPP motion to strike. (See Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1065, 39 Cal.Rptr.3d 516, 128 P.3d 713.) " A plaintiff cannot establish a probability of prevailing if the litigation privilege precludes the defendants liability on the claim. [Citation.] The litigation privilege is defined in Civil Code section 47, subdivision (b) ( section 47(b) ), and precludes liability arising from a publication or broadcast made in a judicial proceeding or other official proceeding. [Citation.]" ( Bergstein v. Stroock & Stroock & Lavan LLP (2015) 236 Cal.App.4th 793, 814, 187 Cal.Rptr.3d 36.)

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