[No. B092937. Second Dist., Div. Three. Oct 1, 1996.]
BARRY K. ROTHMAN et al., Plaintiffs and Appellants, v. MICHAEL JACKSON et al., Defendants and Respondents.
(Superior Court of Los Angeles County, No. SC032081, David B. Finkel fn. and Alan B. Haber, Judges.)
(Opinion by Croskey, Acting P. J., with Kitching and Aldrich, JJ., concurring.)
Wylie A. Aitken, Darren O. Aitken and Herbert Hafif for Plaintiffs and Appellants.
Kinsella, Boesch, Fujikawa & Towle, Dale F. Kinsella, Catherine H. Coleman, Alan R. Kossoff, Katten, Muchin, Zavis & Weitzman, Katten, Muchin & Zavis, Mark A. Wooster, Zia F. Modabber and E. Randol Schoenberg for Defendants and Respondents.
CROSKEY, Acting P. J.
Barry K. Rothman and the Law Offices of Barry K. Rothman (hereafter, collectively, Rothman) appeal from judgments of dismissal entered in favor of Michael Jackson, MJJ Productions, Inc. (hereafter, collectively, Jackson), Bertram Fields, the Law Offices of Greenberg, Glusker, Fields, Claman & Machtinger (Fields), Anthony Pellicano and the Pellicano Investigative Agency (Pellicano) in Rothman’s action for defamation, tortious interference with business relationships and intentional infliction of emotional distress. The judgments were entered after the defendants’ demurrers were sustained without leave to amend. The demurrers were sustained as to all causes of action solely on the ground of the litigation privilege in Civil Code section 47, subdivision (b). fn. 1
We reverse. The challenged statements were made by the defendants in a press conference, and not in any context which the litigation privilege exists to protect. The privilege in section 47, subdivision (b) does not apply to the statements made in this case. Continue reading