Legal Question in Personal Injury in California
Privilege under Cal Civ Code 47
Does the privilege under Sec 47 b that applies to the contents of written documents that are part of judicial and other official proceedings apply only in those proceedings, or does it apply also to the re-publication of those documents in other settings? E.g. what if they are passed around the golf club? Could this be defamatory, or interference with prospective economic advantage?
3 Answers from Attorneys
Re: Privilege under Cal Civ Code 47
Privilege protects statements made in court proceedings and pleadings. As such, pleadings could be copied and distributed 'publicly' and still be protected, but within some limits. IF someone goes on to expound on the statements, explain, argue, add facts, etc., then that is separate from the privilege, and you might have a defamation or other action for what was done outside court. If that is the case, and you think you can actually prove false statements [defamation] and damage, and if this is in SoCal, feel free to contact me.
Re: Privilege under Cal Civ Code 47
Republication of court documents in other settings is protected by the privilege. However, any other statements made in other settings is not privileged. So, it is quite possible that you may have a defamation of character action unless the publishing party was savvy enough to know to keep his mouth shut. In order to have a cause of action for defamation of character you will need to show that non-privileged statements were made to a third party, that the statements were untrue, and that you suffered damages as a result.
Re: Privilege under Cal Civ Code 47
It could be, but it depends on a lot of factors. Also, you need a lot more to make such a case. If you are serious about litigating such an issue, let me know.
Best,
Daniel Bakondi, Esq.
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