Tell me about the California “Litigation Privilege” or why it is “Legal to Lie” in court?

California’s litigation privilege is one of the strongest legal shields in the state. If a statement or action is reasonably connected to a court proceeding, it is almost always protected. Courts have held that the privilege applies even when the conduct is “alleged to be fraudulent, perjurious, unethical, or even illegal.” (See Kashian v. Harriman, 98 Cal.App.4th 892, 920 (2002).) The California Supreme Court has openly acknowledged that this privilege means some real injuries will go uncompensated, but the Court has also said that this is “the price that is paid for witnesses who are free from intimidation by the possibility of civil liability.” (Silberg v. Anderson, 50 Cal.3d 205, 212–213 (1990).) To accomplish that purpose, the litigation privilege is absolute.

What safeguard did our Founding Fathers put into place to protect witnesses from frivolous or malicious lawsuits? The right to a jury trial.

When does the litigation privilege, or “right to lie” apply?

Essentially everywhere in California’s civil, family, and juvenile dependency courts. If you speak in court, file a declaration, or communicate as part of litigation, the privilege generally protects you from being sued for what you said. It also shields social worker’s reports, attorney statements, CASA reports, etc. That does not mean a judge must believe you. It simply means the other side cannot sue you for damages over your statements. The privilege is a form of immunity, not a guarantee of credibility. The privilege covers communicative acts—statements, testimony, filings. If someone engages in non‑communicative conduct, the privilege may not apply.

What safeguard stops unwarranted civil lawsuits against you?  Rights to a jury trial

Does this broad protection allow false allegations to spread in family and dependency courts?

Yes. Because the privilege shields even false statements made knowingly against you by false witnesses. This litigation privilege contributes to unwarranted governmental interference in families and make it easier for false allegations to take root without civil consequences.

What would have been a better solution to determine whether or not a parent should keep legal rights to their own child? Jury trial rights.

Join RaiseYourRights today to protect your legal rights to your own children with jury trial rights.