Moore v. Conliffe

Opinion

GEORGE, J.

In this case we must decide whether a witness who testifies at a deposition held in connection with a private, contractual arbitration proceeding is subject to being sued in a tort action on the basis of statements made in the course of such testimony, or instead, like any witness in a court proceeding, is immunized from tort liability by virtue of the “litigation privilege” embodied in Civil Code section 47, subdivision *638(b) (hereafter section 47(b)).1 As we shall explain, in view of the purpose and history of the litigation privilege and the numerous California decisions…