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eBook details

Title: Rusheen V. Cohen
Author : In the Supreme Court of California
Release Date : January 23, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

Are actions taken to collect a judgment, such as obtaining a writ of execution and levying on a judgment debtor's property, protected by the litigation privilege of Civil Code section 47, subdivision (b), as "communication[s]" in the course of a judicial proceeding? In Brown v. Kennard (2001) 94 Cal.App.4th 40 (Brown), the Court of Appeal held that the privilege protects both the process of applying for the writ of execution and the levy on the judgment debtor's property, as an act of carrying out the writ. On the other hand, in Drum v. Bleau, Fox & Associates (2003) 107 Cal.App.4th 1009 (Drum), the Court of Appeal held that, although the privilege protects the application for the writ of execution, it does not extend to the subsequent, non-communicative acts in levying on the property. We granted review to resolve the conflict.

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