CASE PROCESSING PROCEDURES; EVIDENCE – Privileged Communications

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Because the statutory litigation privilege is not an evidentiary privilege, it does not bar a court from admitting into evidence statements made during an official proceeding. (Oren Royal Oaks Venture v. Greenberg, Bernhard, Weiss & Karma, Inc. (1986) 42 Cal.3d 1157, 1168 [noting that the statutory litigation privilege “does not create an evidentiary privilege” and that “when allegations of misconduct properly put an individual’s intent at issue in a civil action, statements made during the course of a judicial proceeding may be used for evidentiary purposes in determining whether the individual acted with the requisite intent”].)