FLIER, J.
The trial court sustained respondent's demurrer to appellant's first amended complaint without leave to amend on the ground that the litigation privilege bars the action. We find that the privilege does not apply and remand for additional proceedings.
FACTS
"Although a demurrer makes no binding judicial admissions, it provisionally admits all material issuable facts properly pleaded, unless contrary to law or to facts of which a court may...
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