Certified for Partial Publication.
CALLAHAN, J.
This case calls on us to explore the litigiously fertile subject of the litigation privilege of Civil Code section 47, subdivision (b) (section 47(b)). We are asked to answer the following question: If a defendant's tortious conduct in disclosing confidential information about a plaintiff was outside the scope of the litigation privilege ab initio, should the plaintiff be precluded...
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