Schaffer
Schaffer v. City and County of San Francisco
Opinion
Opinion
Needham, J.
Jill Karen Schaffer appeals from a judgment entered after the trial court granted respondents’ anti-SLAPP (strategic lawsuit against public participation) motion to strike her complaint. (Code Civ. Proc., § 425.16 (section 425.16).) She contends the court erred in concluding that respondents’ statements, made in the course and scope of their duties as police officers, are not protected by the anti-SLAPP statute. She further contends the court should have granted her request for leave to amend the complaint to state a claim under 42 United States Code section 1983 . We will affirm the judgment.
I. FACTS AND PROCEDURAL HISTORY
On August 6, 2005, Schaffer was involved in an incident with Chris Daniels, a butler for the “Getty family.” A witness, Janelle Caywood, saw Daniels driving a car closely following Schaffer, who was on foot. Daniels appeared angry and called Schaffer “a miserable fucking cunt” and a “dirty fucking whore.” At some point the police arrived, but Schaffer had apparently left the scene. Daniels told police that Schaffer had poured hot coffee on him. Caywood also gave a statement to police, as did Schaffer when she returned to the scene. No one was…