Fuhrman

*416 Opinion

Plaintiff Marian Fuhrman appeals from a judgment dismissing her first amended complaint after the court sustained defendants’ demurrers without leave to amend. The primary issue presented on appeal is whether two settlement demand letters sent by defendants to plaintiff and several thousand other residents of Sacramento County are absolutely privileged as publications made in connection with a judicial proceeding. (Civ. Code, § 47, subd. 2.)

We conclude that under the present posture of the case the trial court erred in finding as a fact that the letters are absolutely privileged and on that ground sustaining the demurrers without leave to amend. As to part of the complaint, the demurrers were properly sustained without leave to amend on other grounds. Accordingly, we shall reverse in part and affirm in part.

Factual and Procedural Background

We accept as true all material facts properly pleaded in plaintiff’s first amended complaint. (Committee on Children’s Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 213-214 [ 197 Cal.Rptr. 783 , 673 P.2d 660 ].) Plaintiff is a resident of Sacramento County and has a television antenna on her residence which…

I concur with the thoughtful majority opinion except insofar as it concludes plaintiff cannot recover attorneys’ fees as damages in her cause *430 of action for “extortion.” In my view, decisions of our Supreme Court, including Brandt v. Superior Court (1985) 37 Cal.3d 813 [ 210 Cal.Rptr. 211 , 693 P.2d 796 ], compel the conclusion that plaintiff should be entitled to recover, as damages, amounts paid to her attorneys to the extent their services were necessary to make defendants cease their threats of suit. Since plaintiff is entitled to pursue such a claim for damages, plaintiff’s first cause of action for “extortion” should survive. I respectfully dissent from the majority opinion to the extent it reaches contrary conclusions.

In Brandt our Supreme Court ruled a plaintiff could collect, as damages, fees paid by plaintiff to his attorneys and attributable to the attorneys’ effort to obtain benefits wrongfully withheld on an insurance contract. ( 37 Cal.3d at p. 819 .)

The majority conclude Brandt is inapplicable to this case either because Brandt should be limited to disputes over insurance or because recovery of attorneys’ fees in Brandt was on a contract theory. (Maj. opn.,…

[Opinion certified for partial publication. [*] ]

OPINION

CARR, Acting P.J.

Plaintiff Marian Fuhrman appeals from a judgment dismissing her first amended complaint after the court sustained defendants' demurrers without leave to amend. The primary issue presented on appeal is whether two settlement demand letters sent by defendants to plaintiff and several thousand other residents of Sacramento County are absolutely privileged as publications made in connection with a judicial proceeding. (Civ. Code, § 47, subd. 2.)

We conclude that under the present posture of the case the trial court erred in finding as a fact that the letters are absolutely privileged and on that ground sustaining the demurrers without leave to amend. As to part of the complaint, the demurrers were properly sustained without leave to amend on other grounds. Accordingly, we shall reverse in part and affirm in part.

We accept as true all material facts properly pleaded in plaintiff's first amended complaint. ( Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 213-214 [ 197 Cal. Rptr. 783 , 673 P.2d 660 ].) Plaintiff is a resident of Sacramento County and has a television…