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Thelawman2
Thelawman2, Attorney
Category: Legal
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Experience:  Attorney-at-Law
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This is not a family law question. it is civil litigation

Customer Question

this is not a family law question. it is civil litigation regarding calif. code of civil procedure 47(b) privilege re litigation, where privilege does not apply in cases of malicious prosecution or perjury by party claiming right to privilege
Submitted: 1 year ago.
Category: Legal
Expert:  Thelawman2 replied 1 year ago.
What is your question regarding privileged publications?
Expert:  Thelawman2 replied 1 year ago.
Unfortunately, the privilege applies to claims of perjury...as the California courts have stated in Rickley v. Goodfriend, "The litigation privilege ... serves broad goals of guaranteeing access to the judicial process, promoting the zealous representation by counsel of their clients, and reinforcing the traditional function of the trial as the engine for the determination of truth. Applying the litigation privilege to some forms of unlawful litigation-related activity may advance those broad goals notwithstanding the ‘occasional unfair result’ in an individual case.... [T]he litigation privilege applies to subornation of perjury because ‘it is in the nature of a statutory privilege that it must deny a civil recovery for immediate wrongs—sometimes even serious and troubling ones—in order to accomplish what the Legislature perceives as a greater good.’"
Expert:  Thelawman2 replied 1 year ago.
Let me know if you have any other questions!