Silberg

We granted review in this case to resolve an apparent conflict in decisions of the Courts of Appeal regarding the nature and scope of the “litigation privilege” found in Civil Code section 47, subdivision 2. 1 We conclude that the decision of the Court of Appeal in the instant case, and the line of cases on which it relied in adopting the so-called “interest of justice” test, are inconsistent with the absolute nature of the litigation privilege and its underlying policy purposes. We therefore disapprove the line of cases employing the “interest of justice” test and reverse the judgment of the Court of Appeal with directions to reinstate the judgment of dismissal issued by the trial court.

*210 I

This action arises from a marital dissolution proceeding in which defendant, Margaret Anderson, was the attorney for the wife of Barry Silberg (hereafter husband), the plaintiff in this action. The following facts are derived from the complaint since, under settled law, we assume the truth of all properly pleaded material allegations of the complaint (Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, 170 [ 164 Cal.Rptr. 839 , 610 P.2d 1330 , 9 A.L.R.4th 314 ]; Alcorn v.…