Stec v. Ewing
Any claims which arise out of a citizen's report of alleged criminal activity to law enforcement personnel are subject to a motion to strike under the anti-SLAPP statute, Code of Civil Procedure section 425.16. Moreover, when a citizen reports suspected criminal activity to law enforcement personnel, the communication is absolutely privileged under Civil Code section 47, subdivision (b). Here, all of plaintiff's claims against defendant arise out of defendant's report to a sheriff's department of alleged conduct by plaintiff. Accordingly, we reverse the trial court's order denying defendant's motion to strike and remand with directions to strike plaintiff's complaint and award defendant reasonable attorney fees incurred both in the trial court and on appeal.
The court's denial of Ewing's special motion to strike is reversed, and on remand the trial court is directed to enter a new order striking Stec's complaint.
Comments on Stec v. Ewing