Bohrer v. Carroll CA4/1
Lisa Carroll appeals from a superior court judgment entered after the trial court denied her special motion to strike her former husband Philip Bohrer's complaint. (Code Civ. Proc., § 425.16.) Carroll contends Bohrer's tort claims set forth in his complaint arise from acts in furtherance of her right to petition. She further contends that Bohrer cannot meet his burden of showing a probability of prevailing on his tort causes of action because (1) they involved custody and visitation matters then pending in the family court, which had exclusive jurisdiction, and (2) they are based on conduct that is absolutely privileged under Civil Code section 47, subdivision (b) (the litigation privilege). To the extent there is a narrow exception in cases of this nature for claims based on knowingly false reports of child abuse to third parties, Carroll argues that Bohrer presents insufficient evidence that any report she made was knowingly false. We agree and reverse.
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