 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Trujillo v. Wilcoxen2/20/2002
ations made in the course of litigation. [Citations.]'" (California Teachers Assn. v. State of California (1999) 20 Cal.4th 327, 339, citing Pacific Gas & Electric Co. v. Bear Stearns & Co. (1990) 50 Cal.3d 1118, 1132-1133.)
In Rubin, supra, the state high court held that although section 47(b) barred a tort action alleging that an attorney had engaged in wrongful solicitation of potential clients and stirring up lawsuits against the plaintiff in violation of bar disciplinary rules, other remedies against the attorney's allegedly abhorrent conduct were available, such as criminal penalties and state bar sanctions. (Rubin, supra, 4 Cal.4th at pp. 1196-1198.)
The same considerations apply here. A complaint to the State Bar and possible disciplinary action are available for conduct which violates the rules of ethics. Moreover, as we have noted, a motion to disqualify the firm from the case remains a viable remedy to prevent this kind of unethical behavior before significant damage is done.
What plaintiff cannot do, however, is what she seeks to do here -- maintain an action for money damages based on publications uttered within the judicial proceeding itself. Since plaintiff's complaint cannot avoid the broad sweep of the litigation privilege, the trial court's judgment must be affirmed.
DISPOSITION
The judgment is affirmed.
We concur:
BLEASE, Acting P.J.
RAYE, J.
Page 1 2 3 4 5 6 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|