Section 1942

Citation: Section 1942
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

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Traditionally, the privilege has been given "a broad interpretation" in order to achieve its " 'principal purpose' " to afford litigants and witnesses " 'the utmost freedom of access to the courts without fear of being harassed subsequently by derivative tort actions.' " ( Action Apartment , 41 Cal.4th at p. 1241, 63 Cal.Rptr.3d 398, 163 P.3d 89.) "[C]ourts have emphasized the importance of the litigation privilege's absolute protection of access to the courts, while recognizing that this absolute protection has its costs," since, inevitably, its invocation will sometimes shield " ' "the shady practitioner" ' " along with the honest ones. ( Id . at p. 1244, 63 Cal.Rptr.3d 398, 163 P.3d 89.) " '[I]n immunizing participants from liability for torts arising from communications made during judicial proceedings, the law places upon litigants the burden of exposing during trial the bias of witnesses and the falsity of evidence, thereby enhancing the finality of judgments and avoiding an unending roundelay of litigation, an evil far worse than an occasional unfair result.' " ( Ibid. )

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