Spitler

Introduction

In this appeal we again review the claims of plaintiff Babette J. Spitler, one of the original defendants in the McMartin Preschool child molestation prosecution, against Children’s Institute International (CII) and Kathleen “Kee” MacFarlane (MacFarlane), the child care professionals who interviewed the McMartin preschool children at the behest of the Los Angeles District Attorney’s Office. The trial court granted CII and MacFarlane’s motion for summary judgment, ruling that each of four statements identified as defamatory by plaintiff in the discovery process was either privileged, protected opinion, not “of or concerning” plaintiff, and/or barred by the statute of limitations. The court also denied plaintiff’s request for additional discovery pursuant to Code of Civil Procedure section 437c, subdivision (h). This appeal follows.

Facts

Plaintiff, a teacher at the McMartin Preschool in Manhattan Beach, was indicted by the Los Angeles County Grand Jury on March 22, 1984, for allegedly participating in the molestation of numerous children attending the preschool. After an 18-month preliminary hearing, plaintiff and 6 codefendants were bound over for trial.…