Brown

DAVIS, Acting P.J.

Robert Brown (Brown) appeals from a judgment of dismissal entered after the trial court sustained a demurrer to his complaint without leave to amend.

Brown sued Robert S. Kennard (Kennard) for abuse of process after Kennard enforced a purported money judgment by levying on Brown's deposit account pursuant to a writ of execution. The purported judgment was entered against Robert Womack in an action to which Brown was not a party and in which Kennard represented the judgment creditor, Linda Bennett (Bennett v. Womack (Super. Ct. El Dorado County, 1987, No. 44497)) (Bennett v. Womack).

On appeal, Brown and Kennard agree that the sole issue is whether Brown's abuse of process action is barred by the litigation privilege outlined in Civil Code section 47, subdivision (b). We conclude that it is and shall affirm the judgment.

When considering an appeal following the sustaining of a demurrer, only the legal sufficiency of the complaint is challenged. [1] "We therefore treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law." [2] We may also consider matters that may be judicially noticed.…