Can a witness who has been granted immunity to testify in a civil case be held liable for failing to act?

However, as we explained in denying defendant's writ petition: " Penal Code section 32 proscribes [a]ny kind of overt or affirmative assistance to a known felon, so long as the assistance is provided with the intent that the perpetrator avoid arrest, trial, conviction, or punishment. ( Duty [, supra, ] 269 Cal.App.2d [at p.] 104 [74 Cal.Rptr. 606].) The failure to act is not an overt or affirmative act unless there is a duty to act. (See People v. Heitzman (1994) 9 Cal.4th 189, 197 [37 Cal.Rptr.2d 236, 886 P.2d 1229] [when an individual's criminal liability is based on the failure to act, it is well established that he or she must first be under an existing legal duty to take positive action].) A witness who has been subpoenaed and given immunity that is co-extensive with the scope

[21 Cal.App.5th 640]