Fuhrman v. California Satellite Systems

[179 CalApp3d Page 416] Plaintiff Marian Fuhrman appeals from a judgment dismissing her first amended complaint after the court sustained defendants' demurrers without leave to amend. The primary issue presented on appeal is whether two settlement demand letters sent by defendants to plaintiff and several thousand other residents of Sacramento County are absolutely privileged as publications made in connection with a judicial proceeding. (Civ. Code, ? 47, subd. 2.) We conclude that under the present posture of the case the trial court erred in finding as a fact that the letters are absolutely privileged and on that ground sustaining the demurrers without leave to amend. As to part of the complaint, the demurrers were properly sustained without leave to amend on other grounds. Accordingly, we shall reverse in part and affirm in part.