Sacramento Brewing Co. v. Desmond, Miller & Desmond

Opinion

KOLKEY, J.

This appeal raises the issue whether the litigation privilege under Civil Code section 47, subdivision (b) should apply to a “slip of the pen” that misidentifies an innocent party as the debtor in a bankruptcy proceeding—a misidentification claimed to be defamatory.

The plaintiff in this case, Sacramento Brewing Co., Inc. (SBC), argues that the litigation privilege under Civil Code section 47, subdivision (b) should not apply to the defendants’ erroneous identification of SBC as the debtor in the caption of a notice of motion filed in a bankruptcy proceeding, since it was a…