Begier v. Strom

In Begier v. Strom (1996) 46 Cal.App.4th 877, the plaintiff alleged that defendant filed a false police report accusing plaintiff of molesting his young daughter. (Id. at p. 880.) Penal Code section 11172 provided in part that "'any such person who makes a report of child abuse known to be false or with reckless disregard of the truth or falsity of the report is liable for any damages caused.'" (Id. at p. 883.) The court "discerned within this statute a legislative effort to balance, on the one hand, the public interest in ferreting out cases of child abuse so that child victims can be protected from harm and, on the other hand, the policy of protecting the reputations of those who might be falsely accused. The Legislature has struck that balance by withholding immunity from those who knowingly make false reports of child abuse. If we were to hold that same conduct privileged under Civil Code section 47, we would essentially nullify the Legislature's determination that liability should attach." (Id. at p. 885.)