Cox

*189 *442 The lesson in this case is there are important distinctions between the torts of false imprisonment and malicious prosecution. Lucinda Cox alleged that Hollis Griffin intentionally filed a false police report accusing Cox of forgery and embezzlement, leading to Cox's arrest and seven-day incarceration. Cox's attorney asked the court to instruct the jury on false arrest (false imprisonment) and intentional infliction of emotional distress. Cox's complaint did not allege a cause of action for malicious prosecution, and the court did not instruct on malicious prosecution.

After the jury awarded Cox $ 450,000 in a general verdict, the trial court granted Griffin's motion for judgment notwithstanding the verdict (JNOV) because under Hagberg v. California Federal Bank (2004) 32 Cal.4th 350 , 7 Cal.Rptr.3d 803 , 81 P.3d 244 ( Hagberg ), citizen reports of suspected criminal activity can only be the basis for tort liability on a malicious prosecution theory. ( Id. at pp. 355, 7 Cal.Rptr.3d 803 , 81 P.3d 244 .) When a citizen contacts law enforcement *443 to report a suspected crime, the privilege in Civil Code 1 section 47, subdivision (b) (hereafter section 47(b) ) bars causes…