Sbc

This appeal raises the issue whether the litigation privilege under Civil Code section 47, subdivision (b) should apply to a “slip of the pen” that misidentifies an innocent party as the debtor in a bankruptcy proceeding—a misidentification claimed to be defamatory.

The plaintiff in this case, Sacramento Brewing Co., Inc. (SBC), argues that the litigation privilege under Civil Code section 47, subdivision (b) should not apply to the defendants’ erroneous identification of SBC as the debtor in the caption of a notice of motion filed in a bankruptcy proceeding, since it was a complete stranger to the proceeding. We disagree and hold that the erroneous identification of a party in an otherwise privileged court filing does not affect the privilege’s application. The trial court sustained without leave to amend a demurrer to SBC’s defamation complaint on the basis of both the litigation privilege under Civil Code section 47, subdivision (b) and the qualified privilege under Civil Code section 47, subdivision (c). We affirm the ensuing judgment of dismissal.

Facts

The following facts are derived from SBC’s complaint, together with facts that are judicially noticed. (Crowley…