Hagberg v. CA Fed. Bk. 3/5/02 CA2/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B146368

Case Date: 06/27/2002

Preview:Filed 3/5/02

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

LYDIA ORTIZ HAGBERG, Plaintiff and Appellant, v. CALIFORNIA FEDERAL BANK FSB, Defendant and Respondent.

B146368 (Los Angeles County Super. Ct. No. BC216052)

APPEAL from the judgment of the Superior Court of Los Angeles County. David L. Minning, Judge. Affirmed.

Vakili & Leus, Sa'id Vakili; Peter A. Zablotsky; and Honey Kessler Amado for Plaintiff and Appellant.

Yocca Patch & Yocca, Mark W. Yocca, Paul Kim; Haight, Brown & Bonesteel and Jules S. Zeman for Defendant and Respondent.

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Appellant Lydia Hagberg appeals from a judgment entered after the trial court granted summary judgment in favor of respondent California Federal Bank FSB on the basis that the Civil Code section 47, subdivision (b)1 privilege applied to bar her complaint. Although we greatly sympathize with appellant because of the humiliating ordeal she experienced, case law and public policy dictate that the channels to the police be kept open through the expedient of absolute privilege. Accordingly, we affirm.

CONTENTIONS Appellant contends that: (1) the section 47, subdivision (b) privilege does not apply to a cause of action alleging racial discrimination in violation of the Unruh Civil Rights Act (

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