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.)

Other Questions

What is the test for obtaining a copy of a police report from a police community support officer? (California, United States of America)
What is the limitation of a defendant's ability to amend or amend a probation report and police report? (California, United States of America)
What is the test for a police report alleging that Page 16 of the California Police Complaint is entrapment? (California, United States of America)
Is a police officer's written report a public record in an administrative per se proceeding even if it reports a second officer's observations? (California, United States of America)
Does a report from a grand jury under section 939.9 of the Penal Code require that the report be based solely on an investigation conducted by the Grand Jury itself? (California, United States of America)
Is there any evidence that a police officer fabricates reports? (California, United States of America)
What is the difference in power between a police force and a police community? (California, United States of America)
Are statements in the police report and the prosecutor's questions to Uzel not evidence? (California, United States of America)
What is the current state of the law on police failure to preserve physical evidence in the context of police misconduct? (California, United States of America)
In what circumstances will the court allow the police to search and inventory the contents of a vehicle seized by the police? (California, United States of America)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.