Devis

This case arises from appellant David Mejia Devis’s arrest and imprisonment after respondent Bank of America (Bank) erroneously informed police that he had stolen checks from respondent Patrick McKinney. Devis and his mother, appellant Margarita Devis, who was present when her son was arrested, sued McKinney and the Bank. The complaint attempted to avoid the bar of Civil Code section 47, on privileged communications, by bringing a variety of causes of action, including one against the Bank for negligence in the investigation which led to the report to the police. Nonetheless, respondents’ motions for summary judgment were granted. We agree with the trial court that section 47 provides immunity to the Bank. We also affirm the judgment in favor of McKinney, on other grounds.

Summary of Facts

Many facts in this case are disputed. Those which are undisputed present an astonishing scenario of unfortunate coincidence and things gone wildly awry.

Patrick McKinney had a checking account at the Bank. He also had two acquaintances, David Davis and David Devis. He wrote checks to both of them on the same day, July 7, 1994. The first check was to Davis in the amount of $375. This…