MOORE v. CONLIFFE

Docket No. S031410.

7 Cal.4th 634 (1994)

871 P.2d 204

29 Cal. Rptr.2d 152

OPHELIA Y. MOORE et al., Plaintiffs and Appellants, v. MILTON CONLIFFE, Defendant and Respondent.

Supreme Court of California.

April 28, 1994.


Attorney(s) appearing for the Case

COUNSEL

Von Till & Associates, Stephen F. Von Till, Jerry Wilhelm and Dan Grimmer for Plaintiffs and Appellants.

Gail K. Hillebrand, Brian W. Newcomb, Pillsbury, Madison & Sutro, William I. Edlund, Walter A. Allan and Joseph A. Hearst as Amici Curiae on behalf of Plaintiffs and Appellants.

Kennedy P. Richardson, Mark Palley, Lillian F. Hamrick, Craddick, Candland & Conti and Robert W. Lamson for Defendant and Respondent.

Proskauer, Rose, Goetz & Mendelsohn, Steven G. Drapkin, Gibson, Dunn & Crutcher, Richard Chernick, Thelen, Marrin, Johnson & Bridges, Curtis A. Cole, Julia C. Wo, Heller Ehrman, White & McAuliffe, Stephen V. Bomse, Peter S. Hecker, Laurel E. Fletcher, Horvitz & Levy, Barry R. Levy, David S. Ettinger, Richard L. Hasen, William M. Pfeiffer and Judith K. Herzberg as Amici Curiae on behalf of Defendant and Respondent.


OPINION

GEORGE, J.

(1)(See fn. 1.) In this case we must decide whether a witness who testifies at a deposition held in connection with a private, contractual arbitration proceeding is subject to being sued in a tort action on the basis of statements made in the course of such testimony, or instead, like any witness in a court proceeding, is immunized from tort liability by virtue of the "litigation privilege" embodied...

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