Legal Memos

Valero v. Spread Your Wings, LLC (2023) 88 Cal.App.5th 243. The Plaintiff brought a malicious prosecution complaint alleging that a mandated reporter made a knowingly false report of dependent/adult abuse to law enforcement. The Court sustained a demurrer without leave to amend on the basis that the mandated reporter’s action was subject to absolute immunity and that absolute immunity extended to knowingly false or fabricated reports.

Water for Citizens of Weed California v. Churchwell White LLP (2023) 88 Cal.App.5th 270. This is a case involving a SLAPP motion. The SLAPP motion was filed to strike an advocacy’s group malicious prosecution complaint against a law firm. The Court of Appeals found that the Complaint was properly struck under the SLAPP statue because the law firm had probable cause to name the group as a Defendant in an underlying quiet title action and Plaintiff could not show any probability therefore of prevailing on the merits.


Related Attorney(s):
Gregory L. McCoy