Conduct Was Also Protected Under Civil Code Section 47 Litigation Privilege.
The First District, Division 5, in Beheshti v. Bartley, Case No. A122128 (1st Dist., Div. 5 Dec. 29, 2009) (unpublished), confronted a situation where an attorney was sued for intentional interference, conversion, and intentional/negligent infliction of emotional distress for pursuing his contractual attorney lien rights in an underlying action as well as a later interpleader action filed by a settling defendant. The trial court granted a SLAPP motion on these tort claims in favor of the attorney pursuing his contractual lien.
The appellate court affirmed. They found the attorney lien was pursued in connection with two actions, and that the attorney’s actions were necessary to perfect his lien—conduct that could not constitute an independent wrong for interference analysis or justified exposure under the other tort theories. Beyond that, the appellate court found that the conduct was protected under the Civil Code section 47 absolute litigation privilege, distinguishing the contractual lien as different from the lien involved in LiMandri v. Judkins, 52 Cal.App.4th 326 (1997).