CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Litigation Privilege
 11 Cards On This Topic:
  • Litigation Privilege Summarized
  • Communications regarding sexual assault, harassment, or discrimination are privileged.
  • Litigation privilege barred H's tort and breach of K claims against W and investigator in anti-SLAPP case between the couple arising from divorce proceedings.
  • H's fraudulent transfer of property to W in a sham divorce not protected by litigation privilege because the act of transferring the property constituted the gravamen of the UVTA action, not the MSA.
  • Prejudicial error to not instruct the jury on attorney-defendant's defense of litigation privilege where his extortion threats occurred while he was considering and contemplating litigation in good faith.
  • Demurrer improperly sustained as to invasion of privacy cause of action where litigation privilege did not apply because no litigation was pending, raising a question as to whether it was imminent.
  • The divorce proviso exception to the litigation privilege operated to render wife's statements in dissolution proceeding unprotected; wife's anti-SLAPP motion denied.
  • As County-related lab's alleged conduct in giving family erroneous DNA test information (stating F was not C's father) fell within the CC 47(b) privilege, trial court did not err in granting SJ to lab, nor by denying leave to amend.
  • Litigation privilege does not protect against an award of FC 271 sanctions for uncivil conduct.
  • In atty's suit to recovery atty fees, to extent claims were premised upon other attorney's alleged disparaging communications to client, they came within the litigation privilege.
  • Cases discussing the litigation privilege.


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