Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)

Citation: Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)
Parent Document: Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)
Jurisdiction: California (state)
Effective Date: 2007-08-02
Original Source: https://www.courtlistener.com/opinion/5608052/action-apartment-assn-v-city-of... ↗

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Each of the above mentioned statutes is more specific than the litigation privilege and would be significantly or wholly inoperable if its enforcement were barred when in conflict with the privilege. The crimes of perjury3 and subornation of perjury4 would be almost without meaning if statements made during the course of litigation were protected from prosecution for perjury by the litigation privilege. The misdemeanors established by Business and Professions Code section 6128 evince a legislative intent that certain attorney conduct not be protected from prosecution by the litigation privilege: “Every attorney is guilty of a misdemeanor who either: [][] (a) Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party, [f] (b) Willfully delays his client’s suit with a view to his own gain, [f] (c) Willfully receives any money or allowance for or on account of any money which he has not laid out or become answerable for.” Although tort liability may not be imposed when a person contacts law enforcement to report suspected criminal activity, the Legislature has provided that a person may be prosecuted for a misdemeanor for reporting to a *1247peace officer, deputy attorney general, district attorney, or other specified official “that a felony or misdemeanor has been committed, knowing the report to be false.” (Pen. Code, § 148.5, subd. (a); see Hagberg, supra, 32 Cal.4th at p. 361.) Similarly, while attorney solicitation may not be the basis for tort liability, the Legislature has specified that certain attorney solicitation in or near prisons, hospitals, courts and other designated locations is a crime. (Bus. & Prof. Code, §§ 6152-6153; Rubin, supra, 4 Cal.4th at p. 1198.) As we observed in Rubin, the Legislature has also charged the State Bar with disciplining attorneys who engage in solicitation and enforcement of the antisolicitation statute. (Rubin, supra, 4 Cal.4th at p. 1198.)

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