Navarette

Certified for Partial Publication. [1]

The plaintiff in this case was acquitted of spousal abuse charges in a prior criminal proceeding, and then sued his former wife alleging she lied to sheriffs deputies about his conduct. We conclude the wife's report to law enforcement officers was absolutely privileged (Civ.Code, § 47, subd. (b)), and thus the causes of action based on this allegation are barred. In so concluding, we determine this court's previous decision in Fenelon v. Superior Court (1990) 223 Cal.App.3d 1476 , 273 Cal.Rptr. 367 is no longer supported by applicable authority and we therefore decline to follow it. In the unpublished portion of this opinion, we determine the trial court properly granted summary judgment on plaintiffs malicious prosecution cause of action.

We thus affirm the judgment on the malicious prosecution cause of action. We reverse on the remaining claims with directions to vacate the order granting the demurrer and to grant plaintiffs request for leave to amend the complaint to add allegations of false communications that were unconnected with the wife's report to law enforcement officers and prosecutors.

Paul J. Navarette and Gina E.…