L.G.

*214 Defendant M.B. appeals from the trial court's denial of her motion to dismiss under the "anti-SLAPP" statute ( Code Civ. Proc., § 425.16 ). 1 Plaintiff and respondent L.G. is the former nanny for M.B. and M.B.'s ex-husband, S.B. 2 Respondent filed this action against Appellant for defamation, invasion of privacy, and intentional infliction of emotional distress based upon statements that Appellant made about her in a declaration filed in support of Appellant's request for a domestic violence restraining order in her dissolution action.

Under Civil Code section 47, subdivision (b), statements made during judicial proceedings are generally privileged and nonactionable (except in a malicious prosecution claim). 3 ( Silberg v. Anderson (1990) 50 Cal.3d 205 , 211-212, 266 Cal.Rptr. 638 , 786 P.2d 365 ( Silberg ).) However, section 47, subdivision (b)(1) creates an exception to this litigation privilege for an "allegation or averment contained in any pleading or affidavit filed in an action for marital dissolution or legal separation made of or concerning a person by or against whom no affirmative relief is prayed in the action." This marital dissolution exception (sometimes…