The Special Motion to Strike filed by Defendant Wanda Cannon to the 1st Cause of Action for Slander (False Police Report) is granted and denied as to the 2nd Cause of Action for Slander (False Statements to Neighbors).Defendant's Demurrer is moot as to the 1st Cause of Action and overruled as to the 2nd Cause of Action.There is a dispute whether the police report is false. See Kenne v. Stennis (2014) 230 Cal.App.4th 953, 966. "The making of allegedly false police reports also can be protected petitioning activity under the first prong of the anti-SLAPP statute if the falsity of the report is controverted."A police report is covered by the litigation privilege under Civil Code Secion 47(b), even a false one. See Hagberg v. California Federal Bank (2004) 32 Cal.4th 350, 370-371.Plaintiff's 1st Cause of Action for Slander is barred by the litigation privilege.As to the 2nd Cause of Action, an anti-SLAPP motion operates like a conventional motion to strike, it may be used to attack part
Hearing Date
September 12, 2017
Type
Other Promissory Note/Collections (General Jurisdiction)
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The Special Motion to Strike filed by Defendant Wanda Cannon to the 1st Cause of Action for Slander (False Police Report) is granted and denied as to the 2nd Cause of Action for Slander (False Statements to Neighbors).Defendant's Demurrer is moot as to the 1st Cause of Action and overruled as to the 2nd Cause of Action.There is a dispute whether the police report is false. See Kenne v. Stennis (2014) 230 Cal.App.4th 953, 966. "The making of allegedly false police reports also can be protected petitioning activity under the first prong of the anti-SLAPP statute if the falsity of the report is controverted."A police report is covered by the litigation privilege under Civil Code Secion 47(b), even a false one. See Hagberg v. California Federal Bank (2004) 32 Cal.4th 350, 370-371.Plaintiff's 1st Cause of Action for Slander is barred by the litigation privilege.As to the 2nd Cause of Action, an anti-SLAPP motion operates like a conventional motion to strike, it may be used to attack part