Dwight R. v. Christy B.

Good Law
151 Cal. Rptr. 3d 406·2013 Cal. App. LEXIS 6·212 Cal. App. 4th 697·2013 WL 63404
Court of Appeal of CaliforniaJanuary 7, 2013No. E053797California6,604 words

Opinion

Lead Opinion

King, J.

I. INTRODUCTION

Plaintiff Dwight R. appeals from an order granting defendant Christy B.’s special motion to strike his third cause of action against Christy for conspiring with state actors to violate his and his two minor daughters’ federal civil rights. ( 42 U.S.C. § 1983 .) 1 We affirm the order striking the section 1983 claims as a strategic lawsuit against public participation or “SLAPP.” (Code Civ. Proc., § 425.16.)

Christy is a licensed marriage and family therapist and mandated reporter of known or suspected child abuse or neglect. (Pen. Code, §§ 11165.7, subd. (a)(21), 11166.) In his complaint, Dwight alleges that Christy conspired with his former mother-in-law, L.S., and state actors, including several San Bernardino County social workers, to falsely accuse him of sexually abusing his five-year-old daughter Rl. Dwight maintains that Christy unduly persuaded or “coached” Rl to draw illicit pictures of herself and Dwight in bed together, and made a knowingly false report that Dwight was sexually abusing Rl.

Christy’s alleged conspiracy with L.S. and the social workers occurred shortly after the family court allowed Dwight to have unsupervised visits *703 with…

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