Galicia

I.

INTRODUCTION

Plaintiffs Araceli Galicia and her parents and siblings sued Mary Spencer, M.D.,

and Palomar Health (Palomar) (collectively respondents) based on Dr. Spencer's forensic medical examination of Araceli at a Palomar facility after Araceli accused her older

brother, Luis, of raping her.1 Plaintiffs appeal from an order granting respondents'

special motion to strike their complaint under the anti-SLAPP statute2 (Code Civ. Proc.,

§ 425.16).3 They raise a number of overlapping arguments on appeal in which they

essentially contend that (1) the trial court erred by applying state law immunities to

Araceli's cause of action under 42 United States Code section 1983;4 (2) respondents'

"invasive physical mistreatment" of Araceli violated "familial constitutional rights";

(3) Araceli's declaration was sufficient to show a probability of prevailing on her section

1983 cause of action; and (4) the court erroneously sustained evidentiary objections to

Araceli's declaration. In their second appeal, plaintiffs appeal from the order awarding

respondents attorney fees for prevailing on their special motion to strike and contend that

the court…