Herzog

Frank Herzog’s lawsuit claims his previous employer, “A” Company, Inc., tortiously barred him from employment within his career field *658 when, in writing, it threatened to sue him and any “A” Company competitor employing him. Herzog’s complaint alleges “A” Company’s letter was sent for the sole purpose of unlawfully depriving him of an opportunity to work within his area of professional expertise.

The trial court found the complaint stated no cause of action, apparently accepting “A” Company’s argument its letter was absolutely privileged pursuant to Civil Code section 47, subdivision 2. We reverse the judgment on the pleadings because we believe this absolute privilege only protects communications which threaten litigation for nontortious purposes.

Factual Background

We accept as factual the allegations reasonably inferrable from the pleadings. (Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 714 [ 117 Cal.Rptr. 241 , 527 P.2d 865 ].) Herzog is a tool and die maker by trade, specializing in designing and manufacturing orthodontic equipment. While employed by “A” Company he signed an “invention and secrecy agreement” containing the following provision:…