Kimmel

*205 Opinion

Introduction

In this case we are called upon to determine whether the privilege of Civil Code section 47, subdivision 2, 1 shields a person from liability for the unlawful recording, in anticipation of litigation, of confidential telephone conversations.

We conclude that the privilege of section 47(2) precludes recovery for tortiously inflicted injury resulting from publications or broadcasts made during the course of judicial and quasi-judicial proceedings, but does not bar recovery for injuries from tortious conduct regardless of the purpose for which such conduct is undertaken. 2 Our holding is limited to the narrow facts before us involving noncommunicative acts—the illegal recording of confidential telephone conversations—for the purpose of gathering evidence to be used in future litigation. Because the conduct at issue here was not privileged under section 47(2), the judgment of the Court of Appeal is affirmed and the case is remanded for trial.

I. Background

In reviewing an order granting a motion for judgment on the pleadings, we accept as true all material allegations in the complaint. (Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 714-715, fn.…