Q: I filed a police report about my stolen vehicle, and gave the names of people who I thought were involved. One of them was arrested. The district attorney chose not to prosecute, and he is now suing me for defamation. I told the cops what I thought. Isn’t that protected?
A.M., Torrance
Ron Sokol
A: My guess is you have an attorney, and if so, he or she no doubt has told you about the Anti-Slapp statute. The law allows you to promptly require the party suing for defamation to demonstrate that the claim has actual merit. If they are unable to convince the court, then the case may be dismissed and, in addition, you may be awarded attorney fees. The rationale for the Anti-Slapp statute is that courts do not want to chill the exercise of speech, press, assembly, petition or rights of association.
That’s the good news. The uncertain aspect for you (at least at present) is that reports to governmental agencies (such as law enforcement) were immunized from liability for many years. Since January 2021, however, a report to law enforcement is not wholly privileged if it is a false report, made with knowledge the report is false, or made with reckless disregard for the truth or falsity thereof. Bottom line, then, when you made the report, presumably you can demonstrate it was in good faith, and done with the belief your information was helpful.
With the recent law change related to police reports, it is not yet clear how that will impact an Anti-Slapp motion. Still, you should certainly give serious consideration to timely filing an Anti-Slapp motion. There are considerations about when to file, and what to argue, so if you do not have counsel, my thought is promptly find your way to a qualified lawyer.
Q: My neighbor is irrational. He has yelled that he is going to file a police report against me because I am engaged in illicit drug dealing. In reality, I am a high school teacher, do not do drugs, don’t have any illegal drugs and certainly do not engage in drug dealing. Should I go to the police about him?
M.S., Monrovia
A: California Civil Code Section 51.7 permits an individual to sue another for intimidating and/or threatening violence against him by making a false report to law enforcement. Section 51.7(b)(2) reads: “… intimidation by threat or violence includes, but is not limited to, making or threatening to make a claim or report to a peace officer or law enforcement agency that falsely alleges that another person has engaged in unlawful activity or in an activity that requires law enforcement intervention, knowing that the claim or report is false, or with reckless disregard for the truth or falsity” thereof.
My thought is that you consider consulting with a qualified lawyer, if you are not comfortable handling this on your own. Also, talking with the police would seem to be advisable. In addition, if you have any witness(es) to this person’s behavior, that could prove to be helpful, as well as a video if one safely can be taken. Your irrational neighbor may indeed be violating Civil Code Section 51.7.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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