Haneline Pacific Reporters, LLC v. May, et al. - "Litigation Privilege" Doesn't Apply to Negotiation/Persuasion

Posted on October 5, 2008 by Adrianos Facchetti
You may be wondering why I write about anti-SLAPP cases so much. Well, the fact of the matter is that defamation actions are to anti-slapp motions what peanut butter is to jelly. You rarely have one without the other. In Haneline Pacific Reporters, LLC v. May, et al., __ Cal.App.4th __ (4th District, Division 3, October 1, 2008), the court of appeal determined that the "litigation privilege" does not apply to "attempts at persuasion and negotiation." The privilege only applies when litigation is "actually contemplated" and not "mere[ly] a possibility." As a consequence, since the communication at issue wasn't covered by the litigation privilege, the anti-SLAPP motion should have been granted. Reversed and remanded.
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