Haneline Pacific Reporters, LLC v. May, et al. – “Litigation Privilege” Doesn’t Apply to Negotiation/Persuasion

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.


  1. JOhn says

    I am handling a libel/defamation case here in davis county pro se cuase of money or I would hire an attorney do you have any advice on how to prepare for trial.
    I am in the pre-trial stage discovery and then trial its a good case it has merit the words spoking are un-true and they are slanderous wow.
    I was injured by the things said
    Can you suggest any thing?

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