CHABAK

Erica C. Monroy reported to police that she had been touched inappropriately by Stephen T. Chabak, a physical therapist. She claimed the event occurred a few months before her 18th birthday. The police investigated the incident, but no charges were filed by the district attorney’s office.

Chabak responded by filing a complaint against Monroy, seeking damages for what he termed a false report to the police. Monroy moved to strike the complaint pursuant to the provisions of Code of Civil Procedure section 425.16 (hereafter section 425.16). The trial court denied the motion; Monroy appealed.

Resolution of this appeal requires that we reconcile the litigation privilege found in Civil Code section 47, subdivision (b) (hereafter section 47 or 47(b)) with a provision found in Penal Code section 11172, subdivision (a) (hereafter section 11172 or 11172(a)) that permits the recovery of damages for false reports of child abuse.

Although other courts have addressed this issue in the context of third parties making false reports of child abuse, the issue presented in this case, possible civil liability when a victim reports alleged abuse to the police, is one of first impression.…