In what circumstances will litigation privilege apply in the anti-SLAPP context?
California, United States of America
The following excerpt is from Ibar Settlement Co. v. Deanda, B263587 (Cal. App. 2016):
Any doubts about whether the privilege applies in a given situation will be resolved in favor of applying it. (Kashian v. Harriman, supra, 98 Cal.App.4th at pp. 592-593.) In the anti-SLAPP context, the litigation privilege "may present a substantive defense a plaintiff must overcome to demonstrate a probability of prevailing." (Flatley v. Mauro (2006) 39 Cal.4th 299, 323.)
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