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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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.” (Fuhrman, supra, 179 Cal.App.3d at p. 422, fn. 5; accord, Edwards, supra, 53 Cal.App.4th at p. 36; Laffer, supra, 34 Cal.App.4th at p. 124.)

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