JOSEPH DICK VS. LA GALLERIA CONDOMINIUM OWNERS' ASSOCIATION, A NON

Set for Law and Motion/Discovery Calendar on Wednesday, July 23, 2025, Line 1. 2 - RESPONDENT LA GALLERIA CONDOMINIUM OWNERS ASSOCIATION's MOTION TO STRIKE.

Respondent La Galleria Condominium Owners Association's motion to strike is denied. Respondent moves to strike references to Maria Kao's declaration in the Second Amended Petition, arguing reference to the declaration is barred by the litigation privilege outlined in Civ. Code, section 47(b). That section precludes liability based on communications in furtherance of litigation. (Herterich v. Peltner (2018) 20 Cal.App.5th 1132, 1139.)

Here, the references to the Kao declaration are not the basis of liability, but rather evidence showing a another statement made by another and unconnected to a judicial proceeding was not true. As discussed above, Petitioner does not claim the Kao declaration is false, but rather that it is true.

The case cited by Respondent demonstrates this concept. In Silberg, a husband sued his wife's attorney who represented her in their divorce. (Silberg v. Anderson (1990) 50 Cal.3d 205, 210.) The husband sued the attorney for recommending a neutral psychologist to give a custody evaluation, when in reality, the attorney knew the psychologist. (Id.) The Supreme Court held the misrepresentations were barred under the litigation privilege because they formed the basis of the claim. (Id. at 219.)

Here, by contrast, the Kao declaration is merely incidental to the fraud cause of action. As stated in the ruling on the demurrer, the fraud cause of action is sufficiently particular, even without reference to the Kao declaration. The motion to strike is denied.

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