In Passman v. Torkan (1995) 34 Cal.App.4th 607, the Court "concluded communications designed to prompt a criminal prosecution directed to an official governmental agency empowered to commence criminal prosecutions are absolutely privileged under section 47, subdivision (b)(3) as publications made in an official proceeding authorized by law." (Passman v. Torkan, supra, 34 Cal.App.4th at page 619 (demurrer to defamation causes of action sustained without leave to amend on the ground statements in a letter to the district attorney's office encouraging criminal prosecution of the plaintiff are absolutely privileged under section 47, subdivision (b)(3)). The Court noted in our opinion we could not find a "reported appellate decision which had followed the reasoning and rationale of Fenelon v. Superior Court (1990)." (Passman v. Torkan, supra, 34 Cal.App.4th at page 618.)