Defamation
Lydia Hagberg went to her bnk, California Federal Bank, FSB, to
cash a check made out to her by Smith Barney (SB), an investment
services firm. Nolene Showalter, a bank employee, suspected that
the check was counterfeit. Showalter called SB and was told that
the check was not valid. As she phoned the police, Gary Wood,
a bank security officer, contacted SB again, and was informed
that its earlier statement was "erroneous" and that
the check was valid. Meanwhile, a police officer arrived, drew
Hagberg, away from the teller's window, spread her legs, patted
her down, and handcuffed her. The officer searched her purse,
asked her whether she had any weapons or stolen property and whether
she was driving a stolen vehicle, and arrested her. Hagberg filed
a suit in a California state court against the bank and others,
alleging, among other things, slander. Should the absolute privilege
for communcations made in judicial or other official proceedings
apply to statements made when a citizen contacts the police to
report suspected criminal activity ? Why or why not? Hagberg v.
California Federal Bank, FSB, 32 Cal 4th 350, 81 P. 3d 244, 7
Cal. Rptr 32 803 (2004) - click
here to read the case, and make sure you discuss the case
in analyzing the above facts.