Wilburn

Financial Corp. of America v. Wilburn

Good Law
189 Cal. App. 3d 764·1987 Cal. App. LEXIS 1407·234 Cal. Rptr. 653
Court of Appeal of CaliforniaFebruary 18, 1987H001010California4,636 words

Opinion

Opinion

Agliano, J.

I

Plaintiffs appeal from a judgment entered after defendant’s general demurrer was sustained without leave to amend to their second amended complaint. At issue is the scope of the privilege afforded to publications and statements made by an attorney about an adversary prior to and in litigation.

We review a general demurrer under well-established principles. It presents the question of law whether the complaint, liberally construed, contains facts sufficient to entitle plaintiff to any relief. (B & P Development Corp. v. City of Saratoga (1986) 185 Cal.App.3d 949, 952-953, 959 [ 230 Cal.Rptr. 192 ].) “[W]e assume the truth of all material facts properly pleaded in the complaint unless they are contradicted by facts judicially noticed [citations], but no such credit is given to pleaded contentions or legal conclusions. [Citations.] Specific factual allegations modify and limit inconsistent general statements.” (Id., at p. 953.)

II

A. Procedure

Plaintiffs’ original complaint was filed July 2, 1984. After demurrer was twice sustained with leave to amend, plaintiffs Financial Corporation of America and American Savings and Loan Association filed their second amended…

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