Liability & LegalQuestion 101 of 200

A guard privately reports a suspected shoplifter to the store manager and to responding police. The shopper turns out to be innocent and sues for slander. What defense most likely applies?

a.Qualified ('common interest') privilege under Civil Code §47(c) — the communication was made without malice between parties with a common interest in loss prevention and law enforcement
b.Absolute legislative privilege, which covers any statement a person makes to a law-enforcement officer while reporting a suspected crime on private premises
c.The statute of frauds, since a claim arising out of a commercial transaction cannot be brought unless the underlying agreement between the shopper and the store was first reduced to a signed writing
d.Workers' compensation exclusivity, which bars any tort claim arising out of an incident that took place during the guard's shift and in the course of the guard's ordinary employment duties on the premises

Explanation

Civil Code §47(c) provides a qualified privilege for communications made without malice between parties sharing a common interest. A guard's private report to a store manager (employer common interest) and to police (law enforcement common interest) typically falls within §47(c). The privilege is defeated by malice — knowing falsity or reckless disregard for truth. Public, loud accusations to uninvolved bystanders exceed the privilege's scope. Absolute legislative privilege (b) protects statements in official proceedings, not field reports. Statute of frauds (c) and workers' comp exclusivity (d) are unrelated. Truth is also a complete defense to defamation, separate from privilege.

Law Reference: Cal. Civil Code §47(c); Sanborn v. Chronicle Publishing Co. (1976) 18 Cal.3d 406

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