Litigation Privilege

A type of immunity given for certain acts and statements taken in connection with the pursuit of litigation. It generally covers such things as liable and defamation. Depending on the particular jurisdiction, as well as on the specific circumstances, the privilege may be qualified or absolute.

The litigation privilege (Civ. Code, section 47, subd. (b)) might bar tort actions based on disclosure of information obtained in discovery. However, the applicability of the litigation privilege would have to be determined from the particular facts of each case. (See Ribas v. Clark (1985) 38 Cal.3d 355, 365 [tort claim for invasion of privacy barred by litigation privilege]; ITT Telecom Products Corp v. Dooley (1989) 214 Cal.App.3d 307, 317, 323 [tort claim for disclosure of trade secrets barred by litigation privilege].