Can a report be privileged if it is made solely to the police?

California, United States of America


The following excerpt is from Fremont Comp. Ins. Co. v. Superior Court, 44 Cal.App.4th 867, 52 Cal.Rptr.2d 211 (Cal. App. 1996):

True, Fenelon v. Superior Court (1990) 223 Cal.App.3d 1476, 273 Cal.Rptr. 367 states a contrary rule as to reports made "solely" to the police. There, the plaintiff alleged that the defendants induced a third party to inform "police and other nonofficial persons" that the plaintiff had solicited the murder of one of the defendants. In a published opinion denying a writ petition after the defendants' demurrer was overruled, the majority held that "where the report is made solely to the police and not in a quasi-judicial context, to be privileged the statement must be made without malice." (Id. at p. 1483, 273 Cal.Rptr. 367.)

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