Buchanan v. MAXFIELD ENTERPRISES, INC.

Opinion

FLIER, J.

The trial court sustained respondent’s demurrer to appellant’s first amended complaint without leave to amend on the ground that the litigation privilege bars the action. We find that the privilege does not apply and remand for additional proceedings.

FACTS

“Although a demurrer makes no binding judicial admissions, it provisionally admits all material issuable facts properly pleaded, unless contrary to law or to facts of which a court may take judicial notice. On the other hand, it does not admit contentions, deductions or conclusions of fact or law alleged in the challenged…