Regan

This case presents the issue of whether a judicial officer enjoys absolute immunity from civil liability for assaulting and battering a litigant. We conclude that he does not and shall reverse.

FACTUAL AND PROCEDURAL BACKGROUND

This is an appeal from a judgment following the sustaining of a demurrer without leave to amend. Accordingly, we summarize, and are required to accept as true, all well-pleaded material allegations of the complaint. (Hensler v. City of Glendale (1994) 8 Cal.4th 1, 8-9, fn. 3 [32 Cal.Rptr.2d 244, 876 P.2d 1043 ]; Soliz v. Williams (1999) 74 Cal.App.4th 577, 581 [ 88 Cal.Rptr.2d 184 ] (Soliz).)

Defendant David L. Price is an attorney in Roseville who was appointed by the Placer County Superior Court to act as discovery referee in a case entitled Regan v. Martin. During the litigation, Price and Jerome J. Regan’s attorney, Robert Kingslan, became embroiled in a personality clash, with Kingslan questioning Price’s ability to contain his emotions.

On June 14, 2004, in a telephone conference call among Kingslan, Price and opposing Attorney Jonathan Tyrell, Price falsely accused Kingslan of stealing documents from a previous deposition. As…