Does litigation privilege apply to statements made during a trial?

We have already addressed the threshold question in determining whether the litigation privilege applies: whether the alleged injuries arise from a communicative act. (Kimmel v. Golland (1990) 51 Cal.3d 202, 211.) The remaining question is whether the claims asserted are subject to the privilege, precluding any showing of success on the merits.

"The litigation privilege, codified at Civil Code section 47, subdivision (b), provides that a "publication or broadcast" made as part of a "judicial proceeding" is privileged. This privilege is absolute in nature, applying "to all publications, irrespective of their maliciousness." (Silberg v. Anderson (1990) 50 Cal.3d 205, 216 (Silberg).) "The usual formulation is that the privilege applies to any communication (1) made in judicial or quasi-judicial proceedings; (2) by litigants or other participants authorized by law; (3) to achieve the objects of the litigation; and (4) that [has] some connection or logical relation to the action." (Id. at p. 212.) The privilege "is not limited to statements made during a trial or other proceedings, but may extend to steps taken prior thereto, or afterwards." (Rusheen, supra, 37 Cal.4th at p. 1057.)