What is the effect of section 47 of the California Civil Code on access to the courts?

California, United States of America


The following excerpt is from Los Angeles Jewish Home for the Aging v. West, B224314 (Cal. App. 2011):

"'The principal purpose of [Civil Code] section [47, subdivision (b)] is to afford litigants and witnesses [citation] the utmost freedom of access to the courts without fear of being harassed subsequently by derivative tort actions.' (Silberg v. Anderson (1990) 50 Cal.3d 205, 213 [266 Cal.Rptr. 638, 786 P.2d 365].) Additionally, the privilege promotes effective judicial proceedings by encouraging '"open channels of

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