Randall

HUFFMAN, Acting P.J.

We review a judgment of dismissal entered in favor of defendants Jenny Scovis, Scovis and Scovis, a law partnership, and defendants Jesse Lopez and Janice Cavilla Lopez. [1] The judgment was granted on the theory that the litigation privilege of Civil Code [2] section 47, subdivision (b) barred all causes of action brought by plaintiff William J. Randall, alleging unauthorized possession, dissemination and disclosure of a criminal record in a guardianship proceeding, and fraudulent alteration of the record. We hold Randall's cause of action for invasion of a constitutional right to privacy for the unauthorized possession and dissemination of confidential criminal records, and his cause of action for invasion of a statutory right to privacy by the unauthorized possession and disclosure of that information, survive the application of the litigation privilege. (Cal. Const., art. I, § 1; § 1798.53.) Accordingly, we reverse the defense judgment as to those causes of action only, while finding the remaining tort claims are barred.

We state the facts as alleged in Randall's complaint. In 1995, during guardianship proceedings concerning Randall's grandson, both…