Stacy & Witbeck, Inc. v. City & County of San Francisco

Opinion

ANDERSON, P. J.

This appeal involves the second prong of the question posed in Stacy & Witbeck, Inc. v. City and County of San Francisco (1995) 36 Cal.App.4th 1074 [42 Cal.Rptr.2d 805] (Stacy I): 1 whether a publication filed for a litigation and a nonlitigation purpose is privileged in both the judicial and administrative arenas. The publication in question is a contract claim for overages purportedly incurred on a public works project. In Stacy I we held that the litigation privilege did not bar use of the publication in an administrative action to declare a contractor an…