Johnson v. Symantec Corp.

ORDER GRANTING DEFENDANT BRUNTON’S MOTION FOR SUMMARY JUDGMENT

Defendant Thomas Brunton’s motion for summary judgment, argued May 17, 1999, requires the Court to address a split of authority concerning whether police reports constitute official communications entitled to an absolute privilege pursuant to California Civil Code § 47. The Court concludes that an absolute privilege is applicable and thus will render judgment in favor of Brunton.

I. Facts

This case arises from a workplace dispute between Plaintiff and Brunton, who was Plaintiffs subordinate. The dispute may or may not have culminated with Johnson striking Brunton in the chest with both fists. Whether or not Johnson actually hit Brunton, Brunton told medical providers he had been hit in the chest and also reported to law enforcement officers that Johnson had hit him. Johnson then filed the instant lawsuit, claiming that he lost his job and suffered various other adverse consequences because of Brun-ton’s allegedly false statements.

II. Discussion

Brunton attacks both aspects of Plaintiffs defamation cause of action by arguing that (1) statements made to medical providers did not identify Johnson and therefore could…