Is Eilar entitled to damages for emotional distress as a result of the perjury and false police report?

Eilar's emotional distress is alleged to have been caused by the Frankenbergers' perjury and false police report. Thus, Eilar is seeking damages for the Frankenbergers' acts associated with the criminal case. Eilar's emotional distress cause of action is barred by the litigation privilege because that privilege bars any cause of action other than malicious prosecution for allegedly wrongful acts associated with litigation. (Carden v. Getzoff (1987) 190 Cal.App.3d 907, 915.) As a result, Eilar has not demonstrated a probability of prevailing on the emotional distress cause of action.