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RUSHEEN v. COHEN

No. S123203.

39 Cal.Rptr.3d 516 (2006)

37 Cal.4th 1048

128 P.3d 713

Terry RUSHEEN, Cross-Complainant and Appellant, v. Barry E. COHEN et al., Cross-Defendants and Respondents.

Supreme Court of California.

February 23, 2006.

Attorney(s) appearing for the Case

Law Office of Robert F. Henry and Robert F. Henry, Culver City, for Cross-complainant and Appellant.

Lewis Brisbois Bisgaard & Smith, John R. Feliton, Jr., Elizabeth G. O'Donnell and Raul L. Martinez, Los Angeles, for Cross-defendants and Respondents.

Murphy, Pearson, Bradley & Feeney and Mark E. Ellis, Sacramento, for California Association of Collectors, National Association of Retail Collection Attorneys and California Creditors Bar Association as Amici Curiae on behalf of Cross-defendants and Respondents.

CHIN, J.

Are actions taken to collect a judgment, such as obtaining a writ of execution and levying on a judgment debtor's property, protected by the litigation privilege of Civil Code section 47, subdivision (b), as "communication[s]" in the course of a judicial proceeding? In Brown v. Kennard (2001) 94 Cal.App.4th 40, 113 Cal.Rptr.2d 891

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