Fenelon V. Superior Court Of San Diego County

In this writ proceeding we decide that a knowingly false report to the police department is not absolutely privileged under Civil Code section 47, subdivision 2.*fn1 Accordingly, here the court properly overruled the petitioners' demurrer with respect to statements made to the police. As we shall explain, those statements are subject to a qualified privilege under, section 47(3).*fn2 We therefore deny the petition.