Section 425

Citation: Section 425
Parent Document: 1100 PARK LANE ASSOCIATES v. Feldman, 74 Cal. Rptr. 3d 1 (2008)
Jurisdiction: California (state)
Effective Date: 2008-02-25
Original Source: https://www.courtlistener.com/opinion/2279577/1100-park-lane-associates-v-feldman/ ↗

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41 Cal.4th at p. 1251.) As the Supreme Court explained, “The policy supporting the litigation privilege is furthered only if litigation is seriously considered: ‘It is important to distinguish between the lack of a good faith intention to bring a suit and publications which are made without a good faith belief in their truth, i.e., malicious publications. The latter, when made in good faith anticipation of litigation, are protected as part of the price paid for affording litigants the utmost freedom of access to the courts. This policy consideration is not advanced, however, when the person publishing an injurious falsehood is not seriously considering litigation. In such a case, the publication has no “connection or logical relation” to an action and is not made “to achieve the objects” of any litigation [citation]. No public policy supports extending a privilege to persons who attempt to profit from hollow threats of litigation.’ [Citations.]” {Id.

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