Bardin

J.Bethany Bardin applied for a job with the Los Angeles Police Department (the Department). The Department received information from Ms. Bardin’s former employer as part of its background investigation. Ms. Bardin sued her former employer, alleging that false and misleading negative information was provided to the Department, causing her application for employment to be rejected. The primary issue on appeal is the extent of the applicable privilege. If respondents have an absolute privilege, we must affirm the trial court’s award of summary judgment on the tort causes of action. If they have only a conditional privilege under Government Code section 1031.1, subdivision (b), which does not apply to information provided with fraud or malice, we must reverse the judgment.

This issue requires resolution of an ambiguity in section 1031.1, subdivision (b), which governs employer responses to background investigations conducted by law enforcement agencies. Section 1031.1, subdivision (b) provides: “In the absence of fraud or malice, no employer shall be subject to any civil liability for any relevant cause of action by virtue of releasing employment information required…