Carney

This is an appeal from an order of dismissal 1 entered after the trial court sustained a demurrer to the first amended complaint without leave to amend. The primary issue is whether, as the trial court found, the absolute privilege of Civil Code section 47, subdivision 2 applies to certain false statements which an attorney representing a judgment creditor made to the judgment debtor.

We conclude the absolute privilege does not apply here. Therefore, the trial court erred in sustaining the demurrers on the ground of the applicability of the privilege. However, as to certain causes of action the demurrers were sustainable on other grounds. Consequently, we reverse the judgment (order of dismissal) in part, and affirm it in part.

Background

In determining the propriety of the trial court’s ruling sustaining defendants’ demurrer, we must accept as true those facts properly pleaded in the complaint. 2 (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 ]; Jones v. Grewe (1987) 189 Cal.App.3d 950, 954 [ 234 Cal.Rptr. 717 ].) Those facts are as follows:

After obtaining a money judgment of $2,720.80 against…