Chabak v. Monroy

In Chabak v. Monroy (2007) 154 Cal.App.4th 1502, a patient reported to the police that she was inappropriately touched by a physical therapist during a session. The therapist filed an action against the patient for making an alleged false report of child abuse to the police. Penal Code 11172 states in its pertinent part: "(a) . . . Any other person reporting a known or suspected instance of child abuse or neglect shall not incur civil or criminal liability as a result of any report authorized by this article unless it can be proven that a false report was made and the person knew that the report was false or was made with reckless disregard of the truth or falsity of the report . . . ." The patient responded by filing a special motion to strike under the anti-SLAPP statute, which was denied by the trial court. The appellate court reversed, holding that "the defendant's statement to the police arose from her right to petition the government and thus is protected activity" under Code of Civil Procedure section 425.16. (Chabak, at p. 1512.)