SBC v. DESMOND, MILLER & DESMOND

No. C029428.

89 Cal.Rptr.2d 760 (1999)

75 Cal.App.4th 1082

SACRAMENTO BREWING CO., Inc., Plaintiff and Appellant, v. DESMOND, MILLER & DESMOND et al., Defendants and Respondents.

Court of Appeals of California, Third District.

October 26, 1999.


Attorney(s) appearing for the Case

Law Offices of MarK C. Leas and Mark C. Leas, Carmichael, for Plaintiff and Appellant, Sacramento Brewing Company, Inc.

Steven A. Lewis and Damon M. Thurston, Lewis & Bacon, Sacramento, for Defendants and Respondents, Desmond, Miller & Desmond, William Nolan and Russell Cunningham.


KOLKEY, J.

This appeal raises the issue whether the litigation privilege under Civil Code section 47, subdivision (b) should apply to a "slip of the pen" that misidentifies an innocent party as the debtor in a bankruptcy proceeding—a misidentification claimed to be defamatory.

The plaintiff in this case, Sacramento Brewing Co., Inc. ("SBC"), argues that the litigation privilege under Civil Code section...

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