OREN ROYAL OAKS VENTURE v. GREENBERG, BERNHARD, WEISS

Docket No. L.A. 32020.

42 Cal.3d 1157 (1986)

728 P.2d 1202

232 Cal. Rptr. 567

OREN ROYAL OAKS VENTURE, Plaintiff and Appellant, v. GREENBERG, BERNHARD, WEISS & KARMA, INC., et al., Defendants and Respondents.

Supreme Court of California.

December 31, 1986.


Attorney(s) appearing for the Case

COUNSEL

Greenberg, Glusker, Fields, Claman & Machtinger and Garrett L. Hanken for Plaintiff and Appellant.

Gilbert, Kelly, Crowley & Jennett, Patrick A. Mesisca, Jr., and James M. Fischer as Amici Curiae on behalf of Plaintiff and Appellant.

MacDonald, Halsted & Laybourne, Brian G. Gough and Gary L. Urwin for Defendants and Respondents.

Jones & Wilson, William John Rea, Jr., Haight, Dickson, Brown & Bonesteel, Lori R. Behar and Robert L. Kaufman as Amici Curiae on behalf of Defendants and Respondents.


OPINION

GRODIN, J.

In this case we must determine what role the statutory "privilege" for statements made in the course of a judicial proceeding (Civ. Code, § 47, subd. 2 [hereafter § 47(2)])1 plays in an abuse of process action. In particular, we must decide whether section 47(2) precludes a court from making evidentiary use of statements made during negotiation sessions in determining whether...

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