Schaffer

Schaffer v. City and County of San Francisco

Good Law
168 Cal. App. 4th 992·2008 Cal. App. LEXIS 2363·85 Cal. Rptr. 3d 880
Court of Appeal of CaliforniaNovember 26, 2008A120225California4,897 words

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…

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