43. Besides the personal rights mentioned or recognized in the
Government Code, every person has, subject to the qualifications and
restrictions provided by law, the right of protection from bodily
restraint or harm, from personal insult, from defamation, and from
injury to his personal relations.
43.1. A child conceived, but not yet born, is deemed an existing
person, so far as necessary for the child's interests in the event of
the child's subsequent birth.
43.3. Notwithstanding any other provision of law, a mother may
breastfeed her child in any location, public or private, except the
private home or residence of another, where the mother and the child
are otherwise authorized to be present.
43.4. A fraudulent promise to marry or to cohabit after marriage
does not give rise to a cause of action for damages.
43.5. No cause of action arises for:
(a) Alienation of affection.
(b) Criminal conversation.
(c) Seduction of a person over the age of legal consent.
(d) Breach of promise of marriage.
43.55. (a) There shall be no liability on the part of, and no cause
of action shall arise against, any peace officer who makes an arrest
pursuant to a warrant of arrest regular upon its face if the peace
officer in making the arrest acts without malice and in the
reasonable belief that the person arrested is the one referred to in
the warrant.
(b) As used in this section, a "warrant of arrest regular upon its
face" includes both of the following:
(1) A paper arrest warrant that has been issued pursuant to a
judicial order.
(2) A judicial order that is entered into an automated warrant
system by law enforcement or court personnel authorized to make those
entries at or near the time the judicial order is made.
43.56. No cause of action arises against a foster parent for
alienation of affection of a foster child.
43.6. (a) No cause of action arises against a parent of a child
based upon the claim that the child should not have been conceived
or, if conceived, should not have been allowed to have been born
alive.
(b) The failure or refusal of a parent to prevent the live birth
of his or her child shall not be a defense in any action against a
third party, nor shall the failure or refusal be considered in
awarding damages in any such action.
(c) As used in this section "conceived" means the fertilization of
a human ovum by a human sperm.
43.7. (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any member of a
duly appointed mental health professional quality assurance committee
that is established in compliance with Section 4070 of the Welfare
and Institutions Code, for any act or proceeding undertaken or
performed within the scope of the functions of the committee which is
formed to review and evaluate the adequacy, appropriateness, or
effectiveness of the care and treatment planned for, or provided to,
mental health patients in order to improve quality of care by mental
health professionals if the committee member acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he or she acts, and acts in reasonable belief that the action
taken by him or her is warranted by the facts known to him or her
after the reasonable effort to obtain facts.
(b) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any professional
society, any member of a duly appointed committee of a medical
specialty society, or any member of a duly appointed committee of a
state or local professional society, or duly appointed member of a
committee of a professional staff of a licensed hospital (provided
the professional staff operates pursuant to written bylaws that have
been approved by the governing board of the hospital), for any act or
proceeding undertaken or performed within the scope of the functions
of the committee which is formed to maintain the professional
standards of the society established by its bylaws, or any member of
any peer review committee whose purpose is to review the quality of
medical, dental, dietetic, chiropractic, optometric, acupuncture,
psychotherapy, or veterinary services rendered by physicians and
surgeons, dentists, dental hygienists, podiatrists, registered
dietitians, chiropractors, optometrists, acupuncturists,
veterinarians, marriage and family therapists, or psychologists which
committee is composed chiefly of physicians and surgeons, dentists,
dental hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, marriage and family
therapists, or psychologists for any act or proceeding undertaken or
performed in reviewing the quality of medical, dental, dietetic,
chiropractic, optometric, acupuncture, psychotherapy, or veterinary
services rendered by physicians and surgeons, dentists, dental
hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, marriage and family
therapists, or psychologists or any member of the governing board of
a hospital in reviewing the quality of medical services rendered by
members of the staff if the professional society, committee, or board
member acts without malice, has made a reasonable effort to obtain
the facts of the matter as to which he, she, or it acts, and acts in
reasonable belief that the action taken by him, her, or it is
warranted by the facts known to him, her, or it after the reasonable
effort to obtain facts. "Professional society" includes legal,
medical, psychological, dental, dental hygiene, dietetic, accounting,
optometric, acupuncture, podiatric, pharmaceutic, chiropractic,
physical therapist, veterinary, licensed marriage and family therapy,
licensed clinical social work, and engineering organizations having
as members at least 25 percent of the eligible persons or licentiates
in the geographic area served by the particular society. However, if
the society has fewer than 100 members, it shall have as members at
least a majority of the eligible persons or licentiates in the
geographic area served by the particular society.
"Medical specialty society" means an organization having as
members at least 25 percent of the eligible physicians within a given
professionally recognized medical specialty in the geographic area
served by the particular society.
(c) This section does not affect the official immunity of an
officer or employee of a public corporation.
(d) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any physician and
surgeon, podiatrist, or chiropractor who is a member of an
underwriting committee of an interindemnity or reciprocal or
interinsurance exchange or mutual company for any act or proceeding
undertaken or performed in evaluating physicians and surgeons,
podiatrists, or chiropractors for the writing of professional
liability insurance, or any act or proceeding undertaken or performed
in evaluating physicians and surgeons for the writing of an
interindemnity, reciprocal, or interinsurance contract as specified
in Section 1280.7 of the Insurance Code, if the evaluating physician
or surgeon, podiatrist, or chiropractor acts without malice, has made
a reasonable effort to obtain the facts of the matter as to which he
or she acts, and acts in reasonable belief that the action taken by
him or her is warranted by the facts known to him or her after the
reasonable effort to obtain the facts.
(e) This section shall not be construed to confer immunity from
liability on any quality assurance committee established in
compliance with Section 4070 of the Welfare and Institutions Code or
hospital. In any case in which, but for the enactment of the
preceding provisions of this section, a cause of action would arise
against a quality assurance committee established in compliance with
Section 4070 of the Welfare and Institutions Code or hospital, the
cause of action shall exist as if the preceding provisions of this
section had not been enacted.
43.8. (a) In addition to the privilege afforded by Section 47,
there shall be no monetary liability on the part of, and no cause of
action for damages shall arise against, any person on account of the
communication of information in the possession of that person to any
hospital, hospital medical staff, veterinary hospital staff,
professional society, medical, dental, podiatric, psychology,
marriage and family therapy, or veterinary school, professional
licensing board or division, committee or panel of a licensing board,
the Senior Assistant Attorney General of the Health Quality
Enforcement Section appointed under Section 12529 of the Government
Code, peer review committee, quality assurance committees established
in compliance with Sections 4070 and 5624 of the Welfare and
Institutions Code, or underwriting committee described in Section
43.7 when the communication is intended to aid in the evaluation of
the qualifications, fitness, character, or insurability of a
practitioner of the healing or veterinary arts.
(b) The immunities afforded by this section and by Section 43.7
shall not affect the availability of any absolute privilege that may
be afforded by Section 47.
(c) Nothing in this section is intended in any way to affect the
California Supreme Court's decision in Hassan v. Mercy American River
Hospital (2003) 31 Cal.4th 709, holding that subdivision (a)
provides a qualified privilege.
43.9. (a) There shall be no liability on the part of, and no cause
of action shall accrue against, any health care provider for
professional negligence on account of the receipt by such provider of
an unsolicited referral, arising from a test performed by a
multiphasic screening unit, for any act or omission, including the
failure to examine, treat, or refer for examination or treatment any
person concerning whom an unsolicited referral has been received. The
immunity from liability granted by this subdivision shall only apply
where a health provider meets the obligations established in
subdivision (c).
(b) Every multiphasic screening unit shall notify each person it
tests that the person should contact the health provider to whom the
test results are sent within 10 days and that the health provider may
not be obligated to interpret the results or provide further care.
The multiphasic screening unit shall include the words "PATIENT TEST
RESULTS" on the envelope of any test results sent to a health care
provider, and shall include the address of the person tested in the
test result material sent to the health care provider.
Nothing contained in this section shall relieve any health care
provider from liability, if any, when at the time of receipt of the
unsolicited referral there exists a provider-patient relationship, or
a contract for health care services, or following receipt of such
unsolicited referral there is established or reestablished a
provider-patient relationship.
(c) A health care provider who receives unsolicited test results
from a multiphasic screening unit shall receive immunity from
liability pursuant to subdivision (a) only if the provider who
receives such test results and does not wish to evaluate them, or
evaluates them and takes no further action, either notifies the
multiphasic screening unit of that fact or returns the test results
within 21 days. If the health care provider reviews the test results
and determines that they indicate a substantial risk of serious
illness or death the provider shall make a reasonable effort to
notify the person tested of the presumptive finding within 14 days
after the provider has received the test results.
(d) For the purposes of this section:
(1) "Health care provider" means any person licensed or certified
pursuant to Division 2 (commencing with Section 500) of the Business
and Professions Code, or licensed pursuant to the Osteopathic
Initiative Act or the Chiropractic Initiative Act, or licensed
pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2
of the Health and Safety Code, and any clinic, health dispensary, or
health facility licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code. "Health care provider"
also includes the legal representatives of a health care provider.
(2) "Professional negligence" means an action for personal injury
or wrongful death proximately caused by a health care provider's
negligent act or omission to act in the rendering of professional
services, provided that such services are within the scope of
services for which the health care provider is licensed and are not
within any restriction imposed by the licensing agency or any
licensed hospital.
(3) "Unsolicited referral" means any written report regarding the
health, physical or mental condition of any person which was
forwarded or delivered to a health care provider without prior
request by such provider.
(4) A "multiphasic screening unit" means a facility which does not
prescribe or treat patients but performs diagnostic testing only.
43.91. (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any member of a duly
appointed committee of a professional society which comprises a
substantial percentage of the persons licensed pursuant to Part 1
(commencing with Section 10000) of Division 4 of the Business and
Professions Code and situated in the geographic area served by the
particular society, for any act or proceeding undertaken or performed
within the scope of the functions of any such committee which is
formed to maintain the professional standards of the society
established by its bylaws, if such member acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he acts, and acts in reasonable belief that the action taken by
him is warranted by the facts known to him after such reasonable
effort to obtain facts.
(b) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any person on
account of the communication of information in the possession of such
person to any committee specified in subdivision (a) when such
communication is intended to aid in the evaluation of the
qualifications, fitness or character of a member or applicant for
membership in any such professional society, and does not represent
as true any matter not reasonably believed to be true.
(c) The immunities afforded by this section shall not affect the
availability of any absolute privilege which may be afforded by
Section 47.
(d) This section shall not be construed to confer immunity from
liability on any professional society. In any case in which, but for
the enactment of this section, a cause of action would arise against
a professional society, such cause of action shall exist as if this
section had not been enacted.
43.92. (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any person who is a
psychotherapist as defined in Section 1010 of the Evidence Code in
failing to warn of and protect from a patient's threatened violent
behavior or failing to predict and warn of and protect from a patient'
s violent behavior except where the patient has communicated to the
psychotherapist a serious threat of physical violence against a
reasonably identifiable victim or victims.
(b) There shall be no monetary liability on the part of, and no
cause of action shall arise against, a psychotherapist who, under the
limited circumstances specified above, discharges his or her duty to
warn and protect by making reasonable efforts to communicate the
threat to the victim or victims and to a law enforcement agency.
43.93. (a) For the purposes of this section the following
definitions are applicable:
(1) "Psychotherapy" means the professional treatment, assessment,
or counseling of a mental or emotional illness, symptom, or
condition.
(2) "Psychotherapist" means a physician and surgeon specializing
in the practice of psychiatry, a psychologist, a psychological
assistant, a marriage and family therapist, a registered marriage and
family therapist intern or trainee, an educational psychologist, an
associate clinical social worker, or a licensed clinical social
worker.
(3) "Sexual contact" means the touching of an intimate part of
another person. "Intimate part" and "touching" have the same meanings
as defined in subdivisions (f) and (d), respectively, of Section
243.4 of the Penal Code. For the purposes of this section, sexual
contact includes sexual intercourse, sodomy, and oral copulation.
(4) "Therapeutic relationship" exists during the time the patient
or client is rendered professional service by the therapist.
(5) "Therapeutic deception" means a representation by a
psychotherapist that sexual contact with the psychotherapist is
consistent with or part of the patient's or former patient's
treatment.
(b) A cause of action against a psychotherapist for sexual contact
exists for a patient or former patient for injury caused by sexual
contact with the psychotherapist, if the sexual contact occurred
under any of the following conditions:
(1) During the period the patient was receiving psychotherapy from
the psychotherapist.
(2) Within two years following termination of therapy.
(3) By means of therapeutic deception.
(c) The patient or former patient may recover damages from a
psychotherapist who is found liable for sexual contact. It is not a
defense to the action that sexual contact with a patient occurred
outside a therapy or treatment session or that it occurred off the
premises regularly used by the psychotherapist for therapy or
treatment sessions. No cause of action shall exist between spouses
within a marriage.
(d) In an action for sexual contact, evidence of the plaintiff's
sexual history is not subject to discovery and is not admissible as
evidence except in either of the following situations:
(1) The plaintiff claims damage to sexual functioning.
(2) The defendant requests a hearing prior to conducting discovery
and makes an offer of proof of the relevancy of the history, and the
court finds that the history is relevant and the probative value of
the history outweighs its prejudicial effect.
The court shall allow the discovery or introduction as evidence
only of specific information or examples of the plaintiff's conduct
that are determined by the court to be relevant. The court's order
shall detail the information or conduct that is subject to discovery.
43.95. (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any professional
society or any nonprofit corporation authorized by a professional
society to operate a referral service, or their agents, employees, or
members, for referring any member of the public to any professional
member of the society or service, or for acts of negligence or
conduct constituting unprofessional conduct committed by a
professional to whom a member of the public was referred, so long as
any of the foregoing persons or entities has acted without malice,
and the referral was made at no cost added to the initial referral
fee as part of a public service referral system organized under the
auspices of the professional society. Further, there shall be no
monetary liability on the part of, and no cause of action for damages
shall arise against, any professional society for providing a
telephone information library available for use by the general public
without charge, nor against any nonprofit corporation authorized by
a professional society for providing a telephone information library
available for use by the general public without charge. "Professional
society" includes legal, psychological, architectural, medical,
dental, dietetic, accounting, optometric, podiatric, pharmaceutic,
chiropractic, veterinary, licensed marriage and family therapy,
licensed clinical social work, and engineering organizations having
as members at least 25 percent of the eligible persons or licentiates
in the geographic area served by the particular society. However, if
the society has less than 100 members, it shall have as members at
least a majority of the eligible persons or licentiates in the
geographic area served by the particular society. "Professional
society" also includes organizations with referral services that have
been authorized by the State Bar of California and operated in
accordance with its Minimum Standards for a Lawyer Referral Service
in California, and organizations that have been established to
provide free assistance or representation to needy patients or
clients.
(b) This section shall not apply whenever the professional
society, while making a referral to a professional member of the
society, fails to disclose the nature of any disciplinary action of
which it has actual knowledge taken by a state licensing agency
against that professional member. However, there shall be no duty to
disclose a disciplinary action in either of the following cases:
(1) Where a disciplinary proceeding results in no disciplinary
action being taken against the professional to whom a member of the
public was referred.
(2) Where a period of three years has elapsed since the
professional to whom a member of the public was referred has
satisfied any terms, conditions, or sanctions imposed upon the
professional as disciplinary action; except that if the professional
is an attorney, there shall be no time limit on the duty to disclose.
43.96. (a) Any medical or podiatric society, health facility
licensed or certified under Division 2 (commencing with Section 1200)
of the Health and Safety Code, state agency as defined in Section
11000 of the Government Code, or local government agency that
receives written complaints related to the professional competence or
professional conduct of a physician and surgeon or doctor of
podiatric medicine from the public shall inform the complainant that
the Medical Board of California or the California Board of Podiatric
Medicine, as the case may be, is the only authority in the state that
may take disciplinary action against the license of the named
licensee, and shall provide to the complainant the address and
toll-free telephone number of the applicable state board.
(b) The immunity provided in Section 2318 of the Business and
Professions Code and in Section 47 shall apply to complaints and
information made or provided to a board pursuant to this section.
43.97. There shall be no monetary liability on the part of, and no
cause of action for damages, other than economic or pecuniary
damages, shall arise against, a hospital for any action taken upon
the recommendation of its medical staff, or against any other person
or organization for any action taken, or restriction imposed, which
is required to be reported pursuant to Section 805 of the Business
and Professions Code, if that action or restriction is reported in
accordance with Section 805 of the Business and Professions Code.
This section shall not apply to an action knowingly and intentionally
taken for the purpose of injuring a person affected by the action or
infringing upon a person's rights.
43.98. (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any consultant on account of
any communication by that consultant to the Director of the
Department of Managed Health Care or any other officer, employee,
agent, contractor, or consultant of the Department of Managed Health
Care, when that communication is for the purpose of determining
whether health care services have been or are being arranged or
provided in accordance with the Knox-Keene Health Care Service Plan
Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2
of the Health and Safety Code) and any regulation adopted thereunder
and the consultant does all of the following:
(1) Acts without malice.
(2) Makes a reasonable effort to obtain the facts of the matter
communicated.
(3) Acts with a reasonable belief that the communication is
warranted by the facts actually known to the consultant after a
reasonable effort to obtain the facts.
(4) Acts pursuant to a contract entered into on or after January
1, 1998, between the Commissioner of Corporations and a state
licensing board or committee, including, but not limited to, the
Medical Board of California, or pursuant to a contract entered into
on or after January 1, 1998, with the Commissioner of Corporations
pursuant to Section 1397.6 of the Health and Safety Code.
(5) Acts pursuant to a contract entered into on or after July 1,
2000, between the Director of the Department of Managed Health Care
and a state licensing board or committee, including, but not limited
to, the Medical Board of California, or pursuant to a contract
entered into on or after July 1, 1999, with the Director of the
Department of Managed Health Care pursuant to Section 1397.6 of the
Health and Safety Code.
(b) The immunities afforded by this section shall not affect the
availability of any other privilege or immunity which may be afforded
under this part. Nothing in this section shall be construed to alter
the laws regarding the confidentiality of medical records.
43.99. (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any person or
other legal entity that is under contract with an applicant for a
residential building permit to provide independent quality review of
the plans and specifications provided with the application in order
to determine compliance with all applicable requirements imposed
pursuant to the State Housing Law (Part 1.5 (commencing with Section
17910) of Division 13 of the Health and Safety Code), or any rules or
regulations adopted pursuant to that law, or under contract with
that applicant to provide independent quality review of the work of
improvement to determine compliance with these plans and
specifications, if the person or other legal entity meets the
requirements of this section and one of the following applies:
(1) The person, or a person employed by any other legal entity,
performing the work as described in this subdivision, has completed
not less than five years of verifiable experience in the appropriate
field and has obtained certification as a building inspector,
combination inspector, or combination dwelling inspector from the
International Conference of Building Officials (ICBO) and has
successfully passed the technical written examination promulgated by
ICBO for those certification categories.
(2) The person, or a person employed by any other legal entity,
performing the work as described in this subdivision, has completed
not less than five years of verifiable experience in the appropriate
field and is a registered professional engineer, licensed general
contractor, or a licensed architect rendering independent quality
review of the work of improvement or plan examination services within
the scope of his or her registration or licensure.
(3) The immunity provided under this section does not apply to any
action initiated by the applicant who retained the qualified person.
(4) A "qualified person" for purposes of this section means a
person holding a valid certification as one of those inspectors.
(b) Except for qualified persons, this section shall not relieve
from, excuse, or lessen in any manner, the responsibility or
liability of any person, company, contractor, builder, developer,
architect, engineer, designer, or other individual or entity who
develops, improves, owns, operates, or manages any residential
building for any damages to persons or property caused by
construction or design defects. The fact that an inspection by a
qualified person has taken place may not be introduced as evidence in
a construction defect action, including any reports or other items
generated by the qualified person. This subdivision shall not apply
in any action initiated by the applicant who retained the qualified
person.
(c) Nothing in this section, as it relates to construction
inspectors or plans examiners, shall be construed to alter the
requirements for licensure, or the jurisdiction, authority, or scope
of practice, of architects pursuant to Chapter 3 (commencing with
Section 5500) of Division 3 of the Business and Professions Code,
professional engineers pursuant to Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code, or general
contractors pursuant to Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code.
(d) Nothing in this section shall be construed to alter the
immunity of employees of the Department of Housing and Community
Development under the Tort Claims Act (Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code) when acting pursuant
to Section 17965 of the Health and Safety Code.
(e) The qualifying person shall engage in no other construction,
design, planning, supervision, or activities of any kind on the work
of improvement, nor provide quality review services for any other
party on the work of improvement.
(f) The qualifying person, or other legal entity, shall maintain
professional errors and omissions insurance coverage in an amount not
less than two million dollars ($2,000,000).
(g) The immunity provided by subdivision (a) does not inure to the
benefit of the qualified person for damages caused to the applicant
solely by the negligence or willful misconduct of the qualified
person resulting from the provision of services under the contract
with the applicant.
44. Defamation is effected by either of the following:
(a) Libel.
(b) Slander.
45. Libel is a false and unprivileged publication by writing,
printing, picture, effigy, or other fixed representation to the eye,
which exposes any person to hatred, contempt, ridicule, or obloquy,
or which causes him to be shunned or avoided, or which has a tendency
to injure him in his occupation.
45a. A libel which is defamatory of the plaintiff without the
necessity of explanatory matter, such as an inducement, innuendo or
other extrinsic fact, is said to be a libel on its face. Defamatory
language not libelous on its face is not actionable unless the
plaintiff alleges and proves that he has suffered special damage as a
proximate result thereof. Special damage is defined in Section 48a
of this code.
46. Slander is a false and unprivileged publication, orally
uttered, and also communications by radio or any mechanical or other
means which:
1. Charges any person with crime, or with having been indicted,
convicted, or punished for crime;
2. Imputes in him the present existence of an infectious,
contagious, or loathsome disease;
3. Tends directly to injure him in respect to his office,
profession, trade or business, either by imputing to him general
disqualification in those respects which the office or other
occupation peculiarly requires, or by imputing something with
reference to his office, profession, trade, or business that has a
natural tendency to lessen its profits;
4. Imputes to him impotence or a want of chastity; or
5. Which, by natural consequence, causes actual damage.
47. A privileged publication or broadcast is one made:
(a) In the proper discharge of an official duty.
(b) In any (1) legislative proceeding, (2) judicial proceeding,
(3) in any other official proceeding authorized by law, or (4) in the
initiation or course of any other proceeding authorized by law and
reviewable pursuant to Chapter 2 (commencing with Section 1084) of
Title 1 of Part 3 of the Code of Civil Procedure, except as follows:
(1) An allegation or averment contained in any pleading or
affidavit filed in an action for marital dissolution or legal
separation made of or concerning a person by or against whom no
affirmative relief is prayed in the action shall not be a privileged
publication or broadcast as to the person making the allegation or
averment within the meaning of this section unless the pleading is
verified or affidavit sworn to, and is made without malice, by one
having reasonable and probable cause for believing the truth of the
allegation or averment and unless the allegation or averment is
material and relevant to the issues in the action.
(2) This subdivision does not make privileged any communication
made in furtherance of an act of intentional destruction or
alteration of physical evidence undertaken for the purpose of
depriving a party to litigation of the use of that evidence, whether
or not the content of the communication is the subject of a
subsequent publication or broadcast which is privileged pursuant to
this section. As used in this paragraph, "physical evidence" means
evidence specified in Section 250 of the Evidence Code or evidence
that is property of any type specified in Chapter 14 (commencing with
Section 2031.010) of Title 4 of Part 4 of the Code of Civil
Procedure.
(3) This subdivision does not make privileged any communication
made in a judicial proceeding knowingly concealing the existence of
an insurance policy or policies.
(4) A recorded lis pendens is not a privileged publication unless
it identifies an action previously filed with a court of competent
jurisdiction which affects the title or right of possession of real
property, as authorized or required by law.
(c) In a communication, without malice, to a person interested
therein, (1) by one who is also interested, or (2) by one who stands
in such a relation to the person interested as to afford a reasonable
ground for supposing the motive for the communication to be
innocent, or (3) who is requested by the person interested to give
the information. This subdivision applies to and includes a
communication concerning the job performance or qualifications of an
applicant for employment, based upon credible evidence, made without
malice, by a current or former employer of the applicant to, and upon
request of, one whom the employer reasonably believes is a
prospective employer of the applicant. This subdivision authorizes a
current or former employer, or the employer's agent, to answer
whether or not the employer would rehire a current or former
employee. This subdivision shall not apply to a communication
concerning the speech or activities of an applicant for employment if
the speech or activities are constitutionally protected, or
otherwise protected by Section 527.3 of the Code of Civil Procedure
or any other provision of law.
(d) (1) By a fair and true report in, or a communication to, a
public journal, of (A) a judicial, (B) legislative, or (C) other
public official proceeding, or (D) of anything said in the course
thereof, or (E) of a verified charge or complaint made by any person
to a public official, upon which complaint a warrant has been issued.
(2) Nothing in paragraph (1) shall make privileged any
communication to a public journal that does any of the following:
(A) Violates Rule 5-120 of the State Bar Rules of Professional
Conduct.
(B) Breaches a court order.
(C) Violates any requirement of confidentiality imposed by law.
(e) By a fair and true report of (1) the proceedings of a public
meeting, if the meeting was lawfully convened for a lawful purpose
and open to the public, or (2) the publication of the matter
complained of was for the public benefit.
47.5. Notwithstanding Section 47, a peace officer may bring an
action for defamation against an individual who has filed a complaint
with that officer's employing agency alleging misconduct, criminal
conduct, or incompetence, if that complaint is false, the complaint
was made with knowledge that it was false and that it was made with
spite, hatred, or ill will. Knowledge that the complaint was false
may be proved by a showing that the complainant had no reasonable
grounds to believe the statement was true and that the complainant
exhibited a reckless disregard for ascertaining the truth.
48. In the case provided for in subdivision (c) of Section 47,
malice is not inferred from the communication.
48a. 1. In any action for damages for the publication of a libel in
a newspaper, or of a slander by radio broadcast, plaintiff shall
recover no more than special damages unless a correction be demanded
and be not published or broadcast, as hereinafter provided. Plaintiff
shall serve upon the publisher, at the place of publication or
broadcaster at the place of broadcast, a written notice specifying
the statements claimed to be libelous and demanding that the same be
corrected. Said notice and demand must be served within 20 days after
knowledge of the publication or broadcast of the statements claimed
to be libelous.
2. If a correction be demanded within said period and be not
published or broadcast in substantially as conspicuous a manner in
said newspaper or on said broadcasting station as were the statements
claimed to be libelous, in a regular issue thereof published or
broadcast within three weeks after such service, plaintiff, if he
pleads and proves such notice, demand and failure to correct, and if
his cause of action be maintained, may recover general, special and
exemplary damages; provided that no exemplary damages may be
recovered unless the plaintiff shall prove that defendant made the
publication or broadcast with actual malice and then only in the
discretion of the court or jury, and actual malice shall not be
inferred or presumed from the publication or broadcast.
3. A correction published or broadcast in substantially as
conspicuous a manner in said newspaper or on said broadcasting
station as the statements claimed in the complaint to be libelous,
prior to receipt of a demand therefor, shall be of the same force and
effect as though such correction had been published or broadcast
within three weeks after a demand therefor.
4. As used herein, the terms "general damages," "special damages,"
"exemplary damages" and "actual malice," are defined as follows:
(a) "General damages" are damages for loss of reputation, shame,
mortification and hurt feelings;
(b) "Special damages" are all damages which plaintiff alleges and
proves that he has suffered in respect to his property, business,
trade, profession or occupation, including such amounts of money as
the plaintiff alleges and proves he has expended as a result of the
alleged libel, and no other;
(c) "Exemplary damages" are damages which may in the discretion of
the court or jury be recovered in addition to general and special
damages for the sake of example and by way of punishing a defendant
who has made the publication or broadcast with actual malice;
(d) "Actual malice" is that state of mind arising from hatred or
ill will toward the plaintiff; provided, however, that such a state
of mind occasioned by a good faith belief on the part of the
defendant in the truth of the libelous publication or broadcast at
the time it is published or broadcast shall not constitute actual
malice.
48.5. (1) The owner, licensee or operator of a visual or sound
radio broadcasting station or network of stations, and the agents or
employees of any such owner, licensee or operator, shall not be
liable for any damages for any defamatory statement or matter
published or uttered in or as a part of a visual or sound radio
broadcast by one other than such owner, licensee or operator, or
agent or employee thereof, if it shall be alleged and proved by such
owner, licensee or operator, or agent or employee thereof, that such
owner, licensee or operator, or such agent or employee, has exercised
due care to prevent the publication or utterance of such statement
or matter in such broadcast.
(2) If any defamatory statement or matter is published or uttered
in or as a part of a broadcast over the facilities of a network of
visual or sound radio broadcasting stations, the owner, licensee or
operator of any such station, or network of stations, and the agents
or employees thereof, other than the owner, licensee or operator of
the station, or network of stations, originating such broadcast, and
the agents or employees thereof, shall in no event be liable for any
damages for any such defamatory statement or matter.
(3) In no event, however, shall any owner, licensee or operator of
such station or network of stations, or the agents or employees
thereof, be liable for any damages for any defamatory statement or
matter published or uttered, by one other than such owner, licensee
or operator, or agent or employee thereof, in or as a part of a
visual or sound radio broadcast by or on behalf of any candidate for
public office, which broadcast cannot be censored by reason of the
provisions of federal statute or regulation of the Federal
Communications Commission.
(4) As used in this Part 2, the terms "radio," "radio broadcast,"
and "broadcast," are defined to include both visual and sound radio
broadcasting.
(5) Nothing in this section contained shall deprive any such
owner, licensee or operator, or the agent or employee thereof, of any
rights under any other section of this Part 2.
48.7. (a) No person charged by indictment, information, or other
accusatory pleading of child abuse may bring a civil libel or slander
action against the minor, the parent or guardian of the minor, or
any witness, based upon any statements made by the minor, parent or
guardian, or witness which are reasonably believed to be in
furtherance of the prosecution of the criminal charges while the
charges are pending before a trial court. The charges are not pending
within the meaning of this section after dismissal, after
pronouncement of judgment, or during an appeal from a judgment.
Any applicable statute of limitations shall be tolled during the
period that such charges are pending before a trial court.
(b) Whenever any complaint for libel or slander is filed which is
subject to the provisions of this section, no responsive pleading
shall be required to be filed until 30 days after the end of the
period set forth in subdivision (a).
(c) Every complaint for libel or slander based on a statement that
the plaintiff committed an act of child abuse shall state that the
complaint is not barred by subdivision (a). A failure to include that
statement shall be grounds for a demurrer.
(d) Whenever a demurrer against a complaint for libel or slander
is sustained on the basis that the complaint was filed in violation
of this section, attorney's fees and costs shall be awarded to the
prevailing party.
(e) Whenever a prosecutor is informed by a minor, parent,
guardian, or witness that a complaint against one of those persons
has been filed which may be subject to the provisions of this
section, the prosecutor shall provide that person with a copy of this
section.
(f) As used in this section, child abuse has the meaning set forth
in Section 11165 of the Penal Code.
48.8. (a) A communication by any person to a school principal, or a
communication by a student attending the school to the student's
teacher or to a school counselor or school nurse and any report of
that communication to the school principal, stating that a specific
student or other specified person has made a threat to commit
violence or potential violence on the school grounds involving the
use of a firearm or other deadly or dangerous weapon, is a
communication on a matter of public concern and is subject to
liability in defamation only upon a showing by clear and convincing
evidence that the communication or report was made with knowledge of
its falsity or with reckless disregard for the truth or falsity of
the communication. Where punitive damages are alleged, the provisions
of Section 3294 shall also apply.
(b) As used in this section, "school" means a public or private
school providing instruction in kindergarten or grades 1 to 12,
inclusive.
48.9. (a) An organization which sponsors or conducts an anonymous
witness program, and its employees and agents, shall not be liable in
a civil action for damages resulting from its receipt of information
regarding possible criminal activity or from dissemination of that
information to a law enforcement agency.
(b) The immunity provided by this section shall apply to any civil
action for damages, including, but not limited to, a defamation
action or an action for damages resulting from retaliation against a
person who provided information.
(c) The immunity provided by this section shall not apply in any
of the following instances:
(1) The information was disseminated with actual knowledge that it
was false.
(2) The name of the provider of the information was disseminated
without that person's authorization and the dissemination was not
required by law.
(3) The name of the provider of information was obtained and the
provider was not informed by the organization that the disclosure of
his or her name may be required by law.
(d) As used in this section, an "anonymous witness program" means
a program whereby information relating to alleged criminal activity
is received from persons, whose names are not released without their
authorization unless required by law, and disseminated to law
enforcement agencies.
49. The rights of personal relations forbid:
(a) The abduction or enticement of a child from a parent, or from
a guardian entitled to its custody;
(b) The seduction of a person under the age of legal consent;
(c) Any injury to a servant which affects his ability to serve his
master, other than seduction, abduction or criminal conversation.
43. Besides the personal rights mentioned or recognized in the
Government Code, every person has, subject to the qualifications and
restrictions provided by law, the right of protection from bodily
restraint or harm, from personal insult, from defamation, and from
injury to his personal relations.
43.1. A child conceived, but not yet born, is deemed an existing
person, so far as necessary for the child's interests in the event of
the child's subsequent birth.
43.3. Notwithstanding any other provision of law, a mother may
breastfeed her child in any location, public or private, except the
private home or residence of another, where the mother and the child
are otherwise authorized to be present.
43.4. A fraudulent promise to marry or to cohabit after marriage
does not give rise to a cause of action for damages.
43.5. No cause of action arises for:
(a) Alienation of affection.
(b) Criminal conversation.
(c) Seduction of a person over the age of legal consent.
(d) Breach of promise of marriage.
43.55. (a) There shall be no liability on the part of, and no cause
of action shall arise against, any peace officer who makes an arrest
pursuant to a warrant of arrest regular upon its face if the peace
officer in making the arrest acts without malice and in the
reasonable belief that the person arrested is the one referred to in
the warrant.
(b) As used in this section, a "warrant of arrest regular upon its
face" includes both of the following:
(1) A paper arrest warrant that has been issued pursuant to a
judicial order.
(2) A judicial order that is entered into an automated warrant
system by law enforcement or court personnel authorized to make those
entries at or near the time the judicial order is made.
43.56. No cause of action arises against a foster parent for
alienation of affection of a foster child.
43.6. (a) No cause of action arises against a parent of a child
based upon the claim that the child should not have been conceived
or, if conceived, should not have been allowed to have been born
alive.
(b) The failure or refusal of a parent to prevent the live birth
of his or her child shall not be a defense in any action against a
third party, nor shall the failure or refusal be considered in
awarding damages in any such action.
(c) As used in this section "conceived" means the fertilization of
a human ovum by a human sperm.
43.7. (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any member of a
duly appointed mental health professional quality assurance committee
that is established in compliance with Section 4070 of the Welfare
and Institutions Code, for any act or proceeding undertaken or
performed within the scope of the functions of the committee which is
formed to review and evaluate the adequacy, appropriateness, or
effectiveness of the care and treatment planned for, or provided to,
mental health patients in order to improve quality of care by mental
health professionals if the committee member acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he or she acts, and acts in reasonable belief that the action
taken by him or her is warranted by the facts known to him or her
after the reasonable effort to obtain facts.
(b) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any professional
society, any member of a duly appointed committee of a medical
specialty society, or any member of a duly appointed committee of a
state or local professional society, or duly appointed member of a
committee of a professional staff of a licensed hospital (provided
the professional staff operates pursuant to written bylaws that have
been approved by the governing board of the hospital), for any act or
proceeding undertaken or performed within the scope of the functions
of the committee which is formed to maintain the professional
standards of the society established by its bylaws, or any member of
any peer review committee whose purpose is to review the quality of
medical, dental, dietetic, chiropractic, optometric, acupuncture,
psychotherapy, or veterinary services rendered by physicians and
surgeons, dentists, dental hygienists, podiatrists, registered
dietitians, chiropractors, optometrists, acupuncturists,
veterinarians, marriage and family therapists, or psychologists which
committee is composed chiefly of physicians and surgeons, dentists,
dental hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, marriage and family
therapists, or psychologists for any act or proceeding undertaken or
performed in reviewing the quality of medical, dental, dietetic,
chiropractic, optometric, acupuncture, psychotherapy, or veterinary
services rendered by physicians and surgeons, dentists, dental
hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, marriage and family
therapists, or psychologists or any member of the governing board of
a hospital in reviewing the quality of medical services rendered by
members of the staff if the professional society, committee, or board
member acts without malice, has made a reasonable effort to obtain
the facts of the matter as to which he, she, or it acts, and acts in
reasonable belief that the action taken by him, her, or it is
warranted by the facts known to him, her, or it after the reasonable
effort to obtain facts. "Professional society" includes legal,
medical, psychological, dental, dental hygiene, dietetic, accounting,
optometric, acupuncture, podiatric, pharmaceutic, chiropractic,
physical therapist, veterinary, licensed marriage and family therapy,
licensed clinical social work, and engineering organizations having
as members at least 25 percent of the eligible persons or licentiates
in the geographic area served by the particular society. However, if
the society has fewer than 100 members, it shall have as members at
least a majority of the eligible persons or licentiates in the
geographic area served by the particular society.
"Medical specialty society" means an organization having as
members at least 25 percent of the eligible physicians within a given
professionally recognized medical specialty in the geographic area
served by the particular society.
(c) This section does not affect the official immunity of an
officer or employee of a public corporation.
(d) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any physician and
surgeon, podiatrist, or chiropractor who is a member of an
underwriting committee of an interindemnity or reciprocal or
interinsurance exchange or mutual company for any act or proceeding
undertaken or performed in evaluating physicians and surgeons,
podiatrists, or chiropractors for the writing of professional
liability insurance, or any act or proceeding undertaken or performed
in evaluating physicians and surgeons for the writing of an
interindemnity, reciprocal, or interinsurance contract as specified
in Section 1280.7 of the Insurance Code, if the evaluating physician
or surgeon, podiatrist, or chiropractor acts without malice, has made
a reasonable effort to obtain the facts of the matter as to which he
or she acts, and acts in reasonable belief that the action taken by
him or her is warranted by the facts known to him or her after the
reasonable effort to obtain the facts.
(e) This section shall not be construed to confer immunity from
liability on any quality assurance committee established in
compliance with Section 4070 of the Welfare and Institutions Code or
hospital. In any case in which, but for the enactment of the
preceding provisions of this section, a cause of action would arise
against a quality assurance committee established in compliance with
Section 4070 of the Welfare and Institutions Code or hospital, the
cause of action shall exist as if the preceding provisions of this
section had not been enacted.
43.8. (a) In addition to the privilege afforded by Section 47,
there shall be no monetary liability on the part of, and no cause of
action for damages shall arise against, any person on account of the
communication of information in the possession of that person to any
hospital, hospital medical staff, veterinary hospital staff,
professional society, medical, dental, podiatric, psychology,
marriage and family therapy, or veterinary school, professional
licensing board or division, committee or panel of a licensing board,
the Senior Assistant Attorney General of the Health Quality
Enforcement Section appointed under Section 12529 of the Government
Code, peer review committee, quality assurance committees established
in compliance with Sections 4070 and 5624 of the Welfare and
Institutions Code, or underwriting committee described in Section
43.7 when the communication is intended to aid in the evaluation of
the qualifications, fitness, character, or insurability of a
practitioner of the healing or veterinary arts.
(b) The immunities afforded by this section and by Section 43.7
shall not affect the availability of any absolute privilege that may
be afforded by Section 47.
(c) Nothing in this section is intended in any way to affect the
California Supreme Court's decision in Hassan v. Mercy American River
Hospital (2003) 31 Cal.4th 709, holding that subdivision (a)
provides a qualified privilege.
43.9. (a) There shall be no liability on the part of, and no cause
of action shall accrue against, any health care provider for
professional negligence on account of the receipt by such provider of
an unsolicited referral, arising from a test performed by a
multiphasic screening unit, for any act or omission, including the
failure to examine, treat, or refer for examination or treatment any
person concerning whom an unsolicited referral has been received. The
immunity from liability granted by this subdivision shall only apply
where a health provider meets the obligations established in
subdivision (c).
(b) Every multiphasic screening unit shall notify each person it
tests that the person should contact the health provider to whom the
test results are sent within 10 days and that the health provider may
not be obligated to interpret the results or provide further care.
The multiphasic screening unit shall include the words "PATIENT TEST
RESULTS" on the envelope of any test results sent to a health care
provider, and shall include the address of the person tested in the
test result material sent to the health care provider.
Nothing contained in this section shall relieve any health care
provider from liability, if any, when at the time of receipt of the
unsolicited referral there exists a provider-patient relationship, or
a contract for health care services, or following receipt of such
unsolicited referral there is established or reestablished a
provider-patient relationship.
(c) A health care provider who receives unsolicited test results
from a multiphasic screening unit shall receive immunity from
liability pursuant to subdivision (a) only if the provider who
receives such test results and does not wish to evaluate them, or
evaluates them and takes no further action, either notifies the
multiphasic screening unit of that fact or returns the test results
within 21 days. If the health care provider reviews the test results
and determines that they indicate a substantial risk of serious
illness or death the provider shall make a reasonable effort to
notify the person tested of the presumptive finding within 14 days
after the provider has received the test results.
(d) For the purposes of this section:
(1) "Health care provider" means any person licensed or certified
pursuant to Division 2 (commencing with Section 500) of the Business
and Professions Code, or licensed pursuant to the Osteopathic
Initiative Act or the Chiropractic Initiative Act, or licensed
pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2
of the Health and Safety Code, and any clinic, health dispensary, or
health facility licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code. "Health care provider"
also includes the legal representatives of a health care provider.
(2) "Professional negligence" means an action for personal injury
or wrongful death proximately caused by a health care provider's
negligent act or omission to act in the rendering of professional
services, provided that such services are within the scope of
services for which the health care provider is licensed and are not
within any restriction imposed by the licensing agency or any
licensed hospital.
(3) "Unsolicited referral" means any written report regarding the
health, physical or mental condition of any person which was
forwarded or delivered to a health care provider without prior
request by such provider.
(4) A "multiphasic screening unit" means a facility which does not
prescribe or treat patients but performs diagnostic testing only.
43.91. (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any member of a duly
appointed committee of a professional society which comprises a
substantial percentage of the persons licensed pursuant to Part 1
(commencing with Section 10000) of Division 4 of the Business and
Professions Code and situated in the geographic area served by the
particular society, for any act or proceeding undertaken or performed
within the scope of the functions of any such committee which is
formed to maintain the professional standards of the society
established by its bylaws, if such member acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he acts, and acts in reasonable belief that the action taken by
him is warranted by the facts known to him after such reasonable
effort to obtain facts.
(b) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any person on
account of the communication of information in the possession of such
person to any committee specified in subdivision (a) when such
communication is intended to aid in the evaluation of the
qualifications, fitness or character of a member or applicant for
membership in any such professional society, and does not represent
as true any matter not reasonably believed to be true.
(c) The immunities afforded by this section shall not affect the
availability of any absolute privilege which may be afforded by
Section 47.
(d) This section shall not be construed to confer immunity from
liability on any professional society. In any case in which, but for
the enactment of this section, a cause of action would arise against
a professional society, such cause of action shall exist as if this
section had not been enacted.
43.92. (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any person who is a
psychotherapist as defined in Section 1010 of the Evidence Code in
failing to warn of and protect from a patient's threatened violent
behavior or failing to predict and warn of and protect from a patient'
s violent behavior except where the patient has communicated to the
psychotherapist a serious threat of physical violence against a
reasonably identifiable victim or victims.
(b) There shall be no monetary liability on the part of, and no
cause of action shall arise against, a psychotherapist who, under the
limited circumstances specified above, discharges his or her duty to
warn and protect by making reasonable efforts to communicate the
threat to the victim or victims and to a law enforcement agency.
43.93. (a) For the purposes of this section the following
definitions are applicable:
(1) "Psychotherapy" means the professional treatment, assessment,
or counseling of a mental or emotional illness, symptom, or
condition.
(2) "Psychotherapist" means a physician and surgeon specializing
in the practice of psychiatry, a psychologist, a psychological
assistant, a marriage and family therapist, a registered marriage and
family therapist intern or trainee, an educational psychologist, an
associate clinical social worker, or a licensed clinical social
worker.
(3) "Sexual contact" means the touching of an intimate part of
another person. "Intimate part" and "touching" have the same meanings
as defined in subdivisions (f) and (d), respectively, of Section
243.4 of the Penal Code. For the purposes of this section, sexual
contact includes sexual intercourse, sodomy, and oral copulation.
(4) "Therapeutic relationship" exists during the time the patient
or client is rendered professional service by the therapist.
(5) "Therapeutic deception" means a representation by a
psychotherapist that sexual contact with the psychotherapist is
consistent with or part of the patient's or former patient's
treatment.
(b) A cause of action against a psychotherapist for sexual contact
exists for a patient or former patient for injury caused by sexual
contact with the psychotherapist, if the sexual contact occurred
under any of the following conditions:
(1) During the period the patient was receiving psychotherapy from
the psychotherapist.
(2) Within two years following termination of therapy.
(3) By means of therapeutic deception.
(c) The patient or former patient may recover damages from a
psychotherapist who is found liable for sexual contact. It is not a
defense to the action that sexual contact with a patient occurred
outside a therapy or treatment session or that it occurred off the
premises regularly used by the psychotherapist for therapy or
treatment sessions. No cause of action shall exist between spouses
within a marriage.
(d) In an action for sexual contact, evidence of the plaintiff's
sexual history is not subject to discovery and is not admissible as
evidence except in either of the following situations:
(1) The plaintiff claims damage to sexual functioning.
(2) The defendant requests a hearing prior to conducting discovery
and makes an offer of proof of the relevancy of the history, and the
court finds that the history is relevant and the probative value of
the history outweighs its prejudicial effect.
The court shall allow the discovery or introduction as evidence
only of specific information or examples of the plaintiff's conduct
that are determined by the court to be relevant. The court's order
shall detail the information or conduct that is subject to discovery.
43.95. (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any professional
society or any nonprofit corporation authorized by a professional
society to operate a referral service, or their agents, employees, or
members, for referring any member of the public to any professional
member of the society or service, or for acts of negligence or
conduct constituting unprofessional conduct committed by a
professional to whom a member of the public was referred, so long as
any of the foregoing persons or entities has acted without malice,
and the referral was made at no cost added to the initial referral
fee as part of a public service referral system organized under the
auspices of the professional society. Further, there shall be no
monetary liability on the part of, and no cause of action for damages
shall arise against, any professional society for providing a
telephone information library available for use by the general public
without charge, nor against any nonprofit corporation authorized by
a professional society for providing a telephone information library
available for use by the general public without charge. "Professional
society" includes legal, psychological, architectural, medical,
dental, dietetic, accounting, optometric, podiatric, pharmaceutic,
chiropractic, veterinary, licensed marriage and family therapy,
licensed clinical social work, and engineering organizations having
as members at least 25 percent of the eligible persons or licentiates
in the geographic area served by the particular society. However, if
the society has less than 100 members, it shall have as members at
least a majority of the eligible persons or licentiates in the
geographic area served by the particular society. "Professional
society" also includes organizations with referral services that have
been authorized by the State Bar of California and operated in
accordance with its Minimum Standards for a Lawyer Referral Service
in California, and organizations that have been established to
provide free assistance or representation to needy patients or
clients.
(b) This section shall not apply whenever the professional
society, while making a referral to a professional member of the
society, fails to disclose the nature of any disciplinary action of
which it has actual knowledge taken by a state licensing agency
against that professional member. However, there shall be no duty to
disclose a disciplinary action in either of the following cases:
(1) Where a disciplinary proceeding results in no disciplinary
action being taken against the professional to whom a member of the
public was referred.
(2) Where a period of three years has elapsed since the
professional to whom a member of the public was referred has
satisfied any terms, conditions, or sanctions imposed upon the
professional as disciplinary action; except that if the professional
is an attorney, there shall be no time limit on the duty to disclose.
43.96. (a) Any medical or podiatric society, health facility
licensed or certified under Division 2 (commencing with Section 1200)
of the Health and Safety Code, state agency as defined in Section
11000 of the Government Code, or local government agency that
receives written complaints related to the professional competence or
professional conduct of a physician and surgeon or doctor of
podiatric medicine from the public shall inform the complainant that
the Medical Board of California or the California Board of Podiatric
Medicine, as the case may be, is the only authority in the state that
may take disciplinary action against the license of the named
licensee, and shall provide to the complainant the address and
toll-free telephone number of the applicable state board.
(b) The immunity provided in Section 2318 of the Business and
Professions Code and in Section 47 shall apply to complaints and
information made or provided to a board pursuant to this section.
43.97. There shall be no monetary liability on the part of, and no
cause of action for damages, other than economic or pecuniary
damages, shall arise against, a hospital for any action taken upon
the recommendation of its medical staff, or against any other person
or organization for any action taken, or restriction imposed, which
is required to be reported pursuant to Section 805 of the Business
and Professions Code, if that action or restriction is reported in
accordance with Section 805 of the Business and Professions Code.
This section shall not apply to an action knowingly and intentionally
taken for the purpose of injuring a person affected by the action or
infringing upon a person's rights.
43.98. (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any consultant on account of
any communication by that consultant to the Director of the
Department of Managed Health Care or any other officer, employee,
agent, contractor, or consultant of the Department of Managed Health
Care, when that communication is for the purpose of determining
whether health care services have been or are being arranged or
provided in accordance with the Knox-Keene Health Care Service Plan
Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2
of the Health and Safety Code) and any regulation adopted thereunder
and the consultant does all of the following:
(1) Acts without malice.
(2) Makes a reasonable effort to obtain the facts of the matter
communicated.
(3) Acts with a reasonable belief that the communication is
warranted by the facts actually known to the consultant after a
reasonable effort to obtain the facts.
(4) Acts pursuant to a contract entered into on or after January
1, 1998, between the Commissioner of Corporations and a state
licensing board or committee, including, but not limited to, the
Medical Board of California, or pursuant to a contract entered into
on or after January 1, 1998, with the Commissioner of Corporations
pursuant to Section 1397.6 of the Health and Safety Code.
(5) Acts pursuant to a contract entered into on or after July 1,
2000, between the Director of the Department of Managed Health Care
and a state licensing board or committee, including, but not limited
to, the Medical Board of California, or pursuant to a contract
entered into on or after July 1, 1999, with the Director of the
Department of Managed Health Care pursuant to Section 1397.6 of the
Health and Safety Code.
(b) The immunities afforded by this section shall not affect the
availability of any other privilege or immunity which may be afforded
under this part. Nothing in this section shall be construed to alter
the laws regarding the confidentiality of medical records.
43.99. (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any person or
other legal entity that is under contract with an applicant for a
residential building permit to provide independent quality review of
the plans and specifications provided with the application in order
to determine compliance with all applicable requirements imposed
pursuant to the State Housing Law (Part 1.5 (commencing with Section
17910) of Division 13 of the Health and Safety Code), or any rules or
regulations adopted pursuant to that law, or under contract with
that applicant to provide independent quality review of the work of
improvement to determine compliance with these plans and
specifications, if the person or other legal entity meets the
requirements of this section and one of the following applies:
(1) The person, or a person employed by any other legal entity,
performing the work as described in this subdivision, has completed
not less than five years of verifiable experience in the appropriate
field and has obtained certification as a building inspector,
combination inspector, or combination dwelling inspector from the
International Conference of Building Officials (ICBO) and has
successfully passed the technical written examination promulgated by
ICBO for those certification categories.
(2) The person, or a person employed by any other legal entity,
performing the work as described in this subdivision, has completed
not less than five years of verifiable experience in the appropriate
field and is a registered professional engineer, licensed general
contractor, or a licensed architect rendering independent quality
review of the work of improvement or plan examination services within
the scope of his or her registration or licensure.
(3) The immunity provided under this section does not apply to any
action initiated by the applicant who retained the qualified person.
(4) A "qualified person" for purposes of this section means a
person holding a valid certification as one of those inspectors.
(b) Except for qualified persons, this section shall not relieve
from, excuse, or lessen in any manner, the responsibility or
liability of any person, company, contractor, builder, developer,
architect, engineer, designer, or other individual or entity who
develops, improves, owns, operates, or manages any residential
building for any damages to persons or property caused by
construction or design defects. The fact that an inspection by a
qualified person has taken place may not be introduced as evidence in
a construction defect action, including any reports or other items
generated by the qualified person. This subdivision shall not apply
in any action initiated by the applicant who retained the qualified
person.
(c) Nothing in this section, as it relates to construction
inspectors or plans examiners, shall be construed to alter the
requirements for licensure, or the jurisdiction, authority, or scope
of practice, of architects pursuant to Chapter 3 (commencing with
Section 5500) of Division 3 of the Business and Professions Code,
professional engineers pursuant to Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code, or general
contractors pursuant to Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code.
(d) Nothing in this section shall be construed to alter the
immunity of employees of the Department of Housing and Community
Development under the Tort Claims Act (Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code) when acting pursuant
to Section 17965 of the Health and Safety Code.
(e) The qualifying person shall engage in no other construction,
design, planning, supervision, or activities of any kind on the work
of improvement, nor provide quality review services for any other
party on the work of improvement.
(f) The qualifying person, or other legal entity, shall maintain
professional errors and omissions insurance coverage in an amount not
less than two million dollars ($2,000,000).
(g) The immunity provided by subdivision (a) does not inure to the
benefit of the qualified person for damages caused to the applicant
solely by the negligence or willful misconduct of the qualified
person resulting from the provision of services under the contract
with the applicant.
44. Defamation is effected by either of the following:
(a) Libel.
(b) Slander.
45. Libel is a false and unprivileged publication by writing,
printing, picture, effigy, or other fixed representation to the eye,
which exposes any person to hatred, contempt, ridicule, or obloquy,
or which causes him to be shunned or avoided, or which has a tendency
to injure him in his occupation.
45a. A libel which is defamatory of the plaintiff without the
necessity of explanatory matter, such as an inducement, innuendo or
other extrinsic fact, is said to be a libel on its face. Defamatory
language not libelous on its face is not actionable unless the
plaintiff alleges and proves that he has suffered special damage as a
proximate result thereof. Special damage is defined in Section 48a
of this code.
46. Slander is a false and unprivileged publication, orally
uttered, and also communications by radio or any mechanical or other
means which:
1. Charges any person with crime, or with having been indicted,
convicted, or punished for crime;
2. Imputes in him the present existence of an infectious,
contagious, or loathsome disease;
3. Tends directly to injure him in respect to his office,
profession, trade or business, either by imputing to him general
disqualification in those respects which the office or other
occupation peculiarly requires, or by imputing something with
reference to his office, profession, trade, or business that has a
natural tendency to lessen its profits;
4. Imputes to him impotence or a want of chastity; or
5. Which, by natural consequence, causes actual damage.
47. A privileged publication or broadcast is one made:
(a) In the proper discharge of an official duty.
(b) In any (1) legislative proceeding, (2) judicial proceeding,
(3) in any other official proceeding authorized by law, or (4) in the
initiation or course of any other proceeding authorized by law and
reviewable pursuant to Chapter 2 (commencing with Section 1084) of
Title 1 of Part 3 of the Code of Civil Procedure, except as follows:
(1) An allegation or averment contained in any pleading or
affidavit filed in an action for marital dissolution or legal
separation made of or concerning a person by or against whom no
affirmative relief is prayed in the action shall not be a privileged
publication or broadcast as to the person making the allegation or
averment within the meaning of this section unless the pleading is
verified or affidavit sworn to, and is made without malice, by one
having reasonable and probable cause for believing the truth of the
allegation or averment and unless the allegation or averment is
material and relevant to the issues in the action.
(2) This subdivision does not make privileged any communication
made in furtherance of an act of intentional destruction or
alteration of physical evidence undertaken for the purpose of
depriving a party to litigation of the use of that evidence, whether
or not the content of the communication is the subject of a
subsequent publication or broadcast which is privileged pursuant to
this section. As used in this paragraph, "physical evidence" means
evidence specified in Section 250 of the Evidence Code or evidence
that is property of any type specified in Chapter 14 (commencing with
Section 2031.010) of Title 4 of Part 4 of the Code of Civil
Procedure.
(3) This subdivision does not make privileged any communication
made in a judicial proceeding knowingly concealing the existence of
an insurance policy or policies.
(4) A recorded lis pendens is not a privileged publication unless
it identifies an action previously filed with a court of competent
jurisdiction which affects the title or right of possession of real
property, as authorized or required by law.
(c) In a communication, without malice, to a person interested
therein, (1) by one who is also interested, or (2) by one who stands
in such a relation to the person interested as to afford a reasonable
ground for supposing the motive for the communication to be
innocent, or (3) who is requested by the person interested to give
the information. This subdivision applies to and includes a
communication concerning the job performance or qualifications of an
applicant for employment, based upon credible evidence, made without
malice, by a current or former employer of the applicant to, and upon
request of, one whom the employer reasonably believes is a
prospective employer of the applicant. This subdivision authorizes a
current or former employer, or the employer's agent, to answer
whether or not the employer would rehire a current or former
employee. This subdivision shall not apply to a communication
concerning the speech or activities of an applicant for employment if
the speech or activities are constitutionally protected, or
otherwise protected by Section 527.3 of the Code of Civil Procedure
or any other provision of law.
(d) (1) By a fair and true report in, or a communication to, a
public journal, of (A) a judicial, (B) legislative, or (C) other
public official proceeding, or (D) of anything said in the course
thereof, or (E) of a verified charge or complaint made by any person
to a public official, upon which complaint a warrant has been issued.
(2) Nothing in paragraph (1) shall make privileged any
communication to a public journal that does any of the following:
(A) Violates Rule 5-120 of the State Bar Rules of Professional
Conduct.
(B) Breaches a court order.
(C) Violates any requirement of confidentiality imposed by law.
(e) By a fair and true report of (1) the proceedings of a public
meeting, if the meeting was lawfully convened for a lawful purpose
and open to the public, or (2) the publication of the matter
complained of was for the public benefit.
47.5. Notwithstanding Section 47, a peace officer may bring an
action for defamation against an individual who has filed a complaint
with that officer's employing agency alleging misconduct, criminal
conduct, or incompetence, if that complaint is false, the complaint
was made with knowledge that it was false and that it was made with
spite, hatred, or ill will. Knowledge that the complaint was false
may be proved by a showing that the complainant had no reasonable
grounds to believe the statement was true and that the complainant
exhibited a reckless disregard for ascertaining the truth.
48. In the case provided for in subdivision (c) of Section 47,
malice is not inferred from the communication.
48a. 1. In any action for damages for the publication of a libel in
a newspaper, or of a slander by radio broadcast, plaintiff shall
recover no more than special damages unless a correction be demanded
and be not published or broadcast, as hereinafter provided. Plaintiff
shall serve upon the publisher, at the place of publication or
broadcaster at the place of broadcast, a written notice specifying
the statements claimed to be libelous and demanding that the same be
corrected. Said notice and demand must be served within 20 days after
knowledge of the publication or broadcast of the statements claimed
to be libelous.
2. If a correction be demanded within said period and be not
published or broadcast in substantially as conspicuous a manner in
said newspaper or on said broadcasting station as were the statements
claimed to be libelous, in a regular issue thereof published or
broadcast within three weeks after such service, plaintiff, if he
pleads and proves such notice, demand and failure to correct, and if
his cause of action be maintained, may recover general, special and
exemplary damages; provided that no exemplary damages may be
recovered unless the plaintiff shall prove that defendant made the
publication or broadcast with actual malice and then only in the
discretion of the court or jury, and actual malice shall not be
inferred or presumed from the publication or broadcast.
3. A correction published or broadcast in substantially as
conspicuous a manner in said newspaper or on said broadcasting
station as the statements claimed in the complaint to be libelous,
prior to receipt of a demand therefor, shall be of the same force and
effect as though such correction had been published or broadcast
within three weeks after a demand therefor.
4. As used herein, the terms "general damages," "special damages,"
"exemplary damages" and "actual malice," are defined as follows:
(a) "General damages" are damages for loss of reputation, shame,
mortification and hurt feelings;
(b) "Special damages" are all damages which plaintiff alleges and
proves that he has suffered in respect to his property, business,
trade, profession or occupation, including such amounts of money as
the plaintiff alleges and proves he has expended as a result of the
alleged libel, and no other;
(c) "Exemplary damages" are damages which may in the discretion of
the court or jury be recovered in addition to general and special
damages for the sake of example and by way of punishing a defendant
who has made the publication or broadcast with actual malice;
(d) "Actual malice" is that state of mind arising from hatred or
ill will toward the plaintiff; provided, however, that such a state
of mind occasioned by a good faith belief on the part of the
defendant in the truth of the libelous publication or broadcast at
the time it is published or broadcast shall not constitute actual
malice.
48.5. (1) The owner, licensee or operator of a visual or sound
radio broadcasting station or network of stations, and the agents or
employees of any such owner, licensee or operator, shall not be
liable for any damages for any defamatory statement or matter
published or uttered in or as a part of a visual or sound radio
broadcast by one other than such owner, licensee or operator, or
agent or employee thereof, if it shall be alleged and proved by such
owner, licensee or operator, or agent or employee thereof, that such
owner, licensee or operator, or such agent or employee, has exercised
due care to prevent the publication or utterance of such statement
or matter in such broadcast.
(2) If any defamatory statement or matter is published or uttered
in or as a part of a broadcast over the facilities of a network of
visual or sound radio broadcasting stations, the owner, licensee or
operator of any such station, or network of stations, and the agents
or employees thereof, other than the owner, licensee or operator of
the station, or network of stations, originating such broadcast, and
the agents or employees thereof, shall in no event be liable for any
damages for any such defamatory statement or matter.
(3) In no event, however, shall any owner, licensee or operator of
such station or network of stations, or the agents or employees
thereof, be liable for any damages for any defamatory statement or
matter published or uttered, by one other than such owner, licensee
or operator, or agent or employee thereof, in or as a part of a
visual or sound radio broadcast by or on behalf of any candidate for
public office, which broadcast cannot be censored by reason of the
provisions of federal statute or regulation of the Federal
Communications Commission.
(4) As used in this Part 2, the terms "radio," "radio broadcast,"
and "broadcast," are defined to include both visual and sound radio
broadcasting.
(5) Nothing in this section contained shall deprive any such
owner, licensee or operator, or the agent or employee thereof, of any
rights under any other section of this Part 2.
48.7. (a) No person charged by indictment, information, or other
accusatory pleading of child abuse may bring a civil libel or slander
action against the minor, the parent or guardian of the minor, or
any witness, based upon any statements made by the minor, parent or
guardian, or witness which are reasonably believed to be in
furtherance of the prosecution of the criminal charges while the
charges are pending before a trial court. The charges are not pending
within the meaning of this section after dismissal, after
pronouncement of judgment, or during an appeal from a judgment.
Any applicable statute of limitations shall be tolled during the
period that such charges are pending before a trial court.
(b) Whenever any complaint for libel or slander is filed which is
subject to the provisions of this section, no responsive pleading
shall be required to be filed until 30 days after the end of the
period set forth in subdivision (a).
(c) Every complaint for libel or slander based on a statement that
the plaintiff committed an act of child abuse shall state that the
complaint is not barred by subdivision (a). A failure to include that
statement shall be grounds for a demurrer.
(d) Whenever a demurrer against a complaint for libel or slander
is sustained on the basis that the complaint was filed in violation
of this section, attorney's fees and costs shall be awarded to the
prevailing party.
(e) Whenever a prosecutor is informed by a minor, parent,
guardian, or witness that a complaint against one of those persons
has been filed which may be subject to the provisions of this
section, the prosecutor shall provide that person with a copy of this
section.
(f) As used in this section, child abuse has the meaning set forth
in Section 11165 of the Penal Code.
48.8. (a) A communication by any person to a school principal, or a
communication by a student attending the school to the student's
teacher or to a school counselor or school nurse and any report of
that communication to the school principal, stating that a specific
student or other specified person has made a threat to commit
violence or potential violence on the school grounds involving the
use of a firearm or other deadly or dangerous weapon, is a
communication on a matter of public concern and is subject to
liability in defamation only upon a showing by clear and convincing
evidence that the communication or report was made with knowledge of
its falsity or with reckless disregard for the truth or falsity of
the communication. Where punitive damages are alleged, the provisions
of Section 3294 shall also apply.
(b) As used in this section, "school" means a public or private
school providing instruction in kindergarten or grades 1 to 12,
inclusive.
48.9. (a) An organization which sponsors or conducts an anonymous
witness program, and its employees and agents, shall not be liable in
a civil action for damages resulting from its receipt of information
regarding possible criminal activity or from dissemination of that
information to a law enforcement agency.
(b) The immunity provided by this section shall apply to any civil
action for damages, including, but not limited to, a defamation
action or an action for damages resulting from retaliation against a
person who provided information.
(c) The immunity provided by this section shall not apply in any
of the following instances:
(1) The information was disseminated with actual knowledge that it
was false.
(2) The name of the provider of the information was disseminated
without that person's authorization and the dissemination was not
required by law.
(3) The name of the provider of information was obtained and the
provider was not informed by the organization that the disclosure of
his or her name may be required by law.
(d) As used in this section, an "anonymous witness program" means
a program whereby information relating to alleged criminal activity
is received from persons, whose names are not released without their
authorization unless required by law, and disseminated to law
enforcement agencies.
49. The rights of personal relations forbid:
(a) The abduction or enticement of a child from a parent, or from
a guardian entitled to its custody;
(b) The seduction of a person under the age of legal consent;
(c) Any injury to a servant which affects his ability to serve his
master, other than seduction, abduction or criminal conversation.
43. Besides the personal rights mentioned or recognized in the
Government Code, every person has, subject to the qualifications and
restrictions provided by law, the right of protection from bodily
restraint or harm, from personal insult, from defamation, and from
injury to his personal relations.
43.1. A child conceived, but not yet born, is deemed an existing
person, so far as necessary for the child's interests in the event of
the child's subsequent birth.
43.3. Notwithstanding any other provision of law, a mother may
breastfeed her child in any location, public or private, except the
private home or residence of another, where the mother and the child
are otherwise authorized to be present.
43.4. A fraudulent promise to marry or to cohabit after marriage
does not give rise to a cause of action for damages.
43.5. No cause of action arises for:
(a) Alienation of affection.
(b) Criminal conversation.
(c) Seduction of a person over the age of legal consent.
(d) Breach of promise of marriage.
43.55. (a) There shall be no liability on the part of, and no cause
of action shall arise against, any peace officer who makes an arrest
pursuant to a warrant of arrest regular upon its face if the peace
officer in making the arrest acts without malice and in the
reasonable belief that the person arrested is the one referred to in
the warrant.
(b) As used in this section, a "warrant of arrest regular upon its
face" includes both of the following:
(1) A paper arrest warrant that has been issued pursuant to a
judicial order.
(2) A judicial order that is entered into an automated warrant
system by law enforcement or court personnel authorized to make those
entries at or near the time the judicial order is made.
43.56. No cause of action arises against a foster parent for
alienation of affection of a foster child.
43.6. (a) No cause of action arises against a parent of a child
based upon the claim that the child should not have been conceived
or, if conceived, should not have been allowed to have been born
alive.
(b) The failure or refusal of a parent to prevent the live birth
of his or her child shall not be a defense in any action against a
third party, nor shall the failure or refusal be considered in
awarding damages in any such action.
(c) As used in this section "conceived" means the fertilization of
a human ovum by a human sperm.
43.7. (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any member of a
duly appointed mental health professional quality assurance committee
that is established in compliance with Section 4070 of the Welfare
and Institutions Code, for any act or proceeding undertaken or
performed within the scope of the functions of the committee which is
formed to review and evaluate the adequacy, appropriateness, or
effectiveness of the care and treatment planned for, or provided to,
mental health patients in order to improve quality of care by mental
health professionals if the committee member acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he or she acts, and acts in reasonable belief that the action
taken by him or her is warranted by the facts known to him or her
after the reasonable effort to obtain facts.
(b) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any professional
society, any member of a duly appointed committee of a medical
specialty society, or any member of a duly appointed committee of a
state or local professional society, or duly appointed member of a
committee of a professional staff of a licensed hospital (provided
the professional staff operates pursuant to written bylaws that have
been approved by the governing board of the hospital), for any act or
proceeding undertaken or performed within the scope of the functions
of the committee which is formed to maintain the professional
standards of the society established by its bylaws, or any member of
any peer review committee whose purpose is to review the quality of
medical, dental, dietetic, chiropractic, optometric, acupuncture,
psychotherapy, or veterinary services rendered by physicians and
surgeons, dentists, dental hygienists, podiatrists, registered
dietitians, chiropractors, optometrists, acupuncturists,
veterinarians, marriage and family therapists, or psychologists which
committee is composed chiefly of physicians and surgeons, dentists,
dental hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, marriage and family
therapists, or psychologists for any act or proceeding undertaken or
performed in reviewing the quality of medical, dental, dietetic,
chiropractic, optometric, acupuncture, psychotherapy, or veterinary
services rendered by physicians and surgeons, dentists, dental
hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, marriage and family
therapists, or psychologists or any member of the governing board of
a hospital in reviewing the quality of medical services rendered by
members of the staff if the professional society, committee, or board
member acts without malice, has made a reasonable effort to obtain
the facts of the matter as to which he, she, or it acts, and acts in
reasonable belief that the action taken by him, her, or it is
warranted by the facts known to him, her, or it after the reasonable
effort to obtain facts. "Professional society" includes legal,
medical, psychological, dental, dental hygiene, dietetic, accounting,
optometric, acupuncture, podiatric, pharmaceutic, chiropractic,
physical therapist, veterinary, licensed marriage and family therapy,
licensed clinical social work, and engineering organizations having
as members at least 25 percent of the eligible persons or licentiates
in the geographic area served by the particular society. However, if
the society has fewer than 100 members, it shall have as members at
least a majority of the eligible persons or licentiates in the
geographic area served by the particular society.
"Medical specialty society" means an organization having as
members at least 25 percent of the eligible physicians within a given
professionally recognized medical specialty in the geographic area
served by the particular society.
(c) This section does not affect the official immunity of an
officer or employee of a public corporation.
(d) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any physician and
surgeon, podiatrist, or chiropractor who is a member of an
underwriting committee of an interindemnity or reciprocal or
interinsurance exchange or mutual company for any act or proceeding
undertaken or performed in evaluating physicians and surgeons,
podiatrists, or chiropractors for the writing of professional
liability insurance, or any act or proceeding undertaken or performed
in evaluating physicians and surgeons for the writing of an
interindemnity, reciprocal, or interinsurance contract as specified
in Section 1280.7 of the Insurance Code, if the evaluating physician
or surgeon, podiatrist, or chiropractor acts without malice, has made
a reasonable effort to obtain the facts of the matter as to which he
or she acts, and acts in reasonable belief that the action taken by
him or her is warranted by the facts known to him or her after the
reasonable effort to obtain the facts.
(e) This section shall not be construed to confer immunity from
liability on any quality assurance committee established in
compliance with Section 4070 of the Welfare and Institutions Code or
hospital. In any case in which, but for the enactment of the
preceding provisions of this section, a cause of action would arise
against a quality assurance committee established in compliance with
Section 4070 of the Welfare and Institutions Code or hospital, the
cause of action shall exist as if the preceding provisions of this
section had not been enacted.
43.8. (a) In addition to the privilege afforded by Section 47,
there shall be no monetary liability on the part of, and no cause of
action for damages shall arise against, any person on account of the
communication of information in the possession of that person to any
hospital, hospital medical staff, veterinary hospital staff,
professional society, medical, dental, podiatric, psychology,
marriage and family therapy, or veterinary school, professional
licensing board or division, committee or panel of a licensing board,
the Senior Assistant Attorney General of the Health Quality
Enforcement Section appointed under Section 12529 of the Government
Code, peer review committee, quality assurance committees established
in compliance with Sections 4070 and 5624 of the Welfare and
Institutions Code, or underwriting committee described in Section
43.7 when the communication is intended to aid in the evaluation of
the qualifications, fitness, character, or insurability of a
practitioner of the healing or veterinary arts.
(b) The immunities afforded by this section and by Section 43.7
shall not affect the availability of any absolute privilege that may
be afforded by Section 47.
(c) Nothing in this section is intended in any way to affect the
California Supreme Court's decision in Hassan v. Mercy American River
Hospital (2003) 31 Cal.4th 709, holding that subdivision (a)
provides a qualified privilege.
43.9. (a) There shall be no liability on the part of, and no cause
of action shall accrue against, any health care provider for
professional negligence on account of the receipt by such provider of
an unsolicited referral, arising from a test performed by a
multiphasic screening unit, for any act or omission, including the
failure to examine, treat, or refer for examination or treatment any
person concerning whom an unsolicited referral has been received. The
immunity from liability granted by this subdivision shall only apply
where a health provider meets the obligations established in
subdivision (c).
(b) Every multiphasic screening unit shall notify each person it
tests that the person should contact the health provider to whom the
test results are sent within 10 days and that the health provider may
not be obligated to interpret the results or provide further care.
The multiphasic screening unit shall include the words "PATIENT TEST
RESULTS" on the envelope of any test results sent to a health care
provider, and shall include the address of the person tested in the
test result material sent to the health care provider.
Nothing contained in this section shall relieve any health care
provider from liability, if any, when at the time of receipt of the
unsolicited referral there exists a provider-patient relationship, or
a contract for health care services, or following receipt of such
unsolicited referral there is established or reestablished a
provider-patient relationship.
(c) A health care provider who receives unsolicited test results
from a multiphasic screening unit shall receive immunity from
liability pursuant to subdivision (a) only if the provider who
receives such test results and does not wish to evaluate them, or
evaluates them and takes no further action, either notifies the
multiphasic screening unit of that fact or returns the test results
within 21 days. If the health care provider reviews the test results
and determines that they indicate a substantial risk of serious
illness or death the provider shall make a reasonable effort to
notify the person tested of the presumptive finding within 14 days
after the provider has received the test results.
(d) For the purposes of this section:
(1) "Health care provider" means any person licensed or certified
pursuant to Division 2 (commencing with Section 500) of the Business
and Professions Code, or licensed pursuant to the Osteopathic
Initiative Act or the Chiropractic Initiative Act, or licensed
pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2
of the Health and Safety Code, and any clinic, health dispensary, or
health facility licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code. "Health care provider"
also includes the legal representatives of a health care provider.
(2) "Professional negligence" means an action for personal injury
or wrongful death proximately caused by a health care provider's
negligent act or omission to act in the rendering of professional
services, provided that such services are within the scope of
services for which the health care provider is licensed and are not
within any restriction imposed by the licensing agency or any
licensed hospital.
(3) "Unsolicited referral" means any written report regarding the
health, physical or mental condition of any person which was
forwarded or delivered to a health care provider without prior
request by such provider.
(4) A "multiphasic screening unit" means a facility which does not
prescribe or treat patients but performs diagnostic testing only.
43.91. (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any member of a duly
appointed committee of a professional society which comprises a
substantial percentage of the persons licensed pursuant to Part 1
(commencing with Section 10000) of Division 4 of the Business and
Professions Code and situated in the geographic area served by the
particular society, for any act or proceeding undertaken or performed
within the scope of the functions of any such committee which is
formed to maintain the professional standards of the society
established by its bylaws, if such member acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he acts, and acts in reasonable belief that the action taken by
him is warranted by the facts known to him after such reasonable
effort to obtain facts.
(b) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any person on
account of the communication of information in the possession of such
person to any committee specified in subdivision (a) when such
communication is intended to aid in the evaluation of the
qualifications, fitness or character of a member or applicant for
membership in any such professional society, and does not represent
as true any matter not reasonably believed to be true.
(c) The immunities afforded by this section shall not affect the
availability of any absolute privilege which may be afforded by
Section 47.
(d) This section shall not be construed to confer immunity from
liability on any professional society. In any case in which, but for
the enactment of this section, a cause of action would arise against
a professional society, such cause of action shall exist as if this
section had not been enacted.
43.92. (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any person who is a
psychotherapist as defined in Section 1010 of the Evidence Code in
failing to warn of and protect from a patient's threatened violent
behavior or failing to predict and warn of and protect from a patient'
s violent behavior except where the patient has communicated to the
psychotherapist a serious threat of physical violence against a
reasonably identifiable victim or victims.
(b) There shall be no monetary liability on the part of, and no
cause of action shall arise against, a psychotherapist who, under the
limited circumstances specified above, discharges his or her duty to
warn and protect by making reasonable efforts to communicate the
threat to the victim or victims and to a law enforcement agency.
43.93. (a) For the purposes of this section the following
definitions are applicable:
(1) "Psychotherapy" means the professional treatment, assessment,
or counseling of a mental or emotional illness, symptom, or
condition.
(2) "Psychotherapist" means a physician and surgeon specializing
in the practice of psychiatry, a psychologist, a psychological
assistant, a marriage and family therapist, a registered marriage and
family therapist intern or trainee, an educational psychologist, an
associate clinical social worker, or a licensed clinical social
worker.
(3) "Sexual contact" means the touching of an intimate part of
another person. "Intimate part" and "touching" have the same meanings
as defined in subdivisions (f) and (d), respectively, of Section
243.4 of the Penal Code. For the purposes of this section, sexual
contact includes sexual intercourse, sodomy, and oral copulation.
(4) "Therapeutic relationship" exists during the time the patient
or client is rendered professional service by the therapist.
(5) "Therapeutic deception" means a representation by a
psychotherapist that sexual contact with the psychotherapist is
consistent with or part of the patient's or former patient's
treatment.
(b) A cause of action against a psychotherapist for sexual contact
exists for a patient or former patient for injury caused by sexual
contact with the psychotherapist, if the sexual contact occurred
under any of the following conditions:
(1) During the period the patient was receiving psychotherapy from
the psychotherapist.
(2) Within two years following termination of therapy.
(3) By means of therapeutic deception.
(c) The patient or former patient may recover damages from a
psychotherapist who is found liable for sexual contact. It is not a
defense to the action that sexual contact with a patient occurred
outside a therapy or treatment session or that it occurred off the
premises regularly used by the psychotherapist for therapy or
treatment sessions. No cause of action shall exist between spouses
within a marriage.
(d) In an action for sexual contact, evidence of the plaintiff's
sexual history is not subject to discovery and is not admissible as
evidence except in either of the following situations:
(1) The plaintiff claims damage to sexual functioning.
(2) The defendant requests a hearing prior to conducting discovery
and makes an offer of proof of the relevancy of the history, and the
court finds that the history is relevant and the probative value of
the history outweighs its prejudicial effect.
The court shall allow the discovery or introduction as evidence
only of specific information or examples of the plaintiff's conduct
that are determined by the court to be relevant. The court's order
shall detail the information or conduct that is subject to discovery.
43.95. (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any professional
society or any nonprofit corporation authorized by a professional
society to operate a referral service, or their agents, employees, or
members, for referring any member of the public to any professional
member of the society or service, or for acts of negligence or
conduct constituting unprofessional conduct committed by a
professional to whom a member of the public was referred, so long as
any of the foregoing persons or entities has acted without malice,
and the referral was made at no cost added to the initial referral
fee as part of a public service referral system organized under the
auspices of the professional society. Further, there shall be no
monetary liability on the part of, and no cause of action for damages
shall arise against, any professional society for providing a
telephone information library available for use by the general public
without charge, nor against any nonprofit corporation authorized by
a professional society for providing a telephone information library
available for use by the general public without charge. "Professional
society" includes legal, psychological, architectural, medical,
dental, dietetic, accounting, optometric, podiatric, pharmaceutic,
chiropractic, veterinary, licensed marriage and family therapy,
licensed clinical social work, and engineering organizations having
as members at least 25 percent of the eligible persons or licentiates
in the geographic area served by the particular society. However, if
the society has less than 100 members, it shall have as members at
least a majority of the eligible persons or licentiates in the
geographic area served by the particular society. "Professional
society" also includes organizations with referral services that have
been authorized by the State Bar of California and operated in
accordance with its Minimum Standards for a Lawyer Referral Service
in California, and organizations that have been established to
provide free assistance or representation to needy patients or
clients.
(b) This section shall not apply whenever the professional
society, while making a referral to a professional member of the
society, fails to disclose the nature of any disciplinary action of
which it has actual knowledge taken by a state licensing agency
against that professional member. However, there shall be no duty to
disclose a disciplinary action in either of the following cases:
(1) Where a disciplinary proceeding results in no disciplinary
action being taken against the professional to whom a member of the
public was referred.
(2) Where a period of three years has elapsed since the
professional to whom a member of the public was referred has
satisfied any terms, conditions, or sanctions imposed upon the
professional as disciplinary action; except that if the professional
is an attorney, there shall be no time limit on the duty to disclose.
43.96. (a) Any medical or podiatric society, health facility
licensed or certified under Division 2 (commencing with Section 1200)
of the Health and Safety Code, state agency as defined in Section
11000 of the Government Code, or local government agency that
receives written complaints related to the professional competence or
professional conduct of a physician and surgeon or doctor of
podiatric medicine from the public shall inform the complainant that
the Medical Board of California or the California Board of Podiatric
Medicine, as the case may be, is the only authority in the state that
may take disciplinary action against the license of the named
licensee, and shall provide to the complainant the address and
toll-free telephone number of the applicable state board.
(b) The immunity provided in Section 2318 of the Business and
Professions Code and in Section 47 shall apply to complaints and
information made or provided to a board pursuant to this section.
43.97. There shall be no monetary liability on the part of, and no
cause of action for damages, other than economic or pecuniary
damages, shall arise against, a hospital for any action taken upon
the recommendation of its medical staff, or against any other person
or organization for any action taken, or restriction imposed, which
is required to be reported pursuant to Section 805 of the Business
and Professions Code, if that action or restriction is reported in
accordance with Section 805 of the Business and Professions Code.
This section shall not apply to an action knowingly and intentionally
taken for the purpose of injuring a person affected by the action or
infringing upon a person's rights.
43.98. (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any consultant on account of
any communication by that consultant to the Director of the
Department of Managed Health Care or any other officer, employee,
agent, contractor, or consultant of the Department of Managed Health
Care, when that communication is for the purpose of determining
whether health care services have been or are being arranged or
provided in accordance with the Knox-Keene Health Care Service Plan
Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2
of the Health and Safety Code) and any regulation adopted thereunder
and the consultant does all of the following:
(1) Acts without malice.
(2) Makes a reasonable effort to obtain the facts of the matter
communicated.
(3) Acts with a reasonable belief that the communication is
warranted by the facts actually known to the consultant after a
reasonable effort to obtain the facts.
(4) Acts pursuant to a contract entered into on or after January
1, 1998, between the Commissioner of Corporations and a state
licensing board or committee, including, but not limited to, the
Medical Board of California, or pursuant to a contract entered into
on or after January 1, 1998, with the Commissioner of Corporations
pursuant to Section 1397.6 of the Health and Safety Code.
(5) Acts pursuant to a contract entered into on or after July 1,
2000, between the Director of the Department of Managed Health Care
and a state licensing board or committee, including, but not limited
to, the Medical Board of California, or pursuant to a contract
entered into on or after July 1, 1999, with the Director of the
Department of Managed Health Care pursuant to Section 1397.6 of the
Health and Safety Code.
(b) The immunities afforded by this section shall not affect the
availability of any other privilege or immunity which may be afforded
under this part. Nothing in this section shall be construed to alter
the laws regarding the confidentiality of medical records.
43.99. (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any person or
other legal entity that is under contract with an applicant for a
residential building permit to provide independent quality review of
the plans and specifications provided with the application in order
to determine compliance with all applicable requirements imposed
pursuant to the State Housing Law (Part 1.5 (commencing with Section
17910) of Division 13 of the Health and Safety Code), or any rules or
regulations adopted pursuant to that law, or under contract with
that applicant to provide independent quality review of the work of
improvement to determine compliance with these plans and
specifications, if the person or other legal entity meets the
requirements of this section and one of the following applies:
(1) The person, or a person employed by any other legal entity,
performing the work as described in this subdivision, has completed
not less than five years of verifiable experience in the appropriate
field and has obtained certification as a building inspector,
combination inspector, or combination dwelling inspector from the
International Conference of Building Officials (ICBO) and has
successfully passed the technical written examination promulgated by
ICBO for those certification categories.
(2) The person, or a person employed by any other legal entity,
performing the work as described in this subdivision, has completed
not less than five years of verifiable experience in the appropriate
field and is a registered professional engineer, licensed general
contractor, or a licensed architect rendering independent quality
review of the work of improvement or plan examination services within
the scope of his or her registration or licensure.
(3) The immunity provided under this section does not apply to any
action initiated by the applicant who retained the qualified person.
(4) A "qualified person" for purposes of this section means a
person holding a valid certification as one of those inspectors.
(b) Except for qualified persons, this section shall not relieve
from, excuse, or lessen in any manner, the responsibility or
liability of any person, company, contractor, builder, developer,
architect, engineer, designer, or other individual or entity who
develops, improves, owns, operates, or manages any residential
building for any damages to persons or property caused by
construction or design defects. The fact that an inspection by a
qualified person has taken place may not be introduced as evidence in
a construction defect action, including any reports or other items
generated by the qualified person. This subdivision shall not apply
in any action initiated by the applicant who retained the qualified
person.
(c) Nothing in this section, as it relates to construction
inspectors or plans examiners, shall be construed to alter the
requirements for licensure, or the jurisdiction, authority, or scope
of practice, of architects pursuant to Chapter 3 (commencing with
Section 5500) of Division 3 of the Business and Professions Code,
professional engineers pursuant to Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code, or general
contractors pursuant to Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code.
(d) Nothing in this section shall be construed to alter the
immunity of employees of the Department of Housing and Community
Development under the Tort Claims Act (Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code) when acting pursuant
to Section 17965 of the Health and Safety Code.
(e) The qualifying person shall engage in no other construction,
design, planning, supervision, or activities of any kind on the work
of improvement, nor provide quality review services for any other
party on the work of improvement.
(f) The qualifying person, or other legal entity, shall maintain
professional errors and omissions insurance coverage in an amount not
less than two million dollars ($2,000,000).
(g) The immunity provided by subdivision (a) does not inure to the
benefit of the qualified person for damages caused to the applicant
solely by the negligence or willful misconduct of the qualified
person resulting from the provision of services under the contract
with the applicant.
44. Defamation is effected by either of the following:
(a) Libel.
(b) Slander.
45. Libel is a false and unprivileged publication by writing,
printing, picture, effigy, or other fixed representation to the eye,
which exposes any person to hatred, contempt, ridicule, or obloquy,
or which causes him to be shunned or avoided, or which has a tendency
to injure him in his occupation.
45a. A libel which is defamatory of the plaintiff without the
necessity of explanatory matter, such as an inducement, innuendo or
other extrinsic fact, is said to be a libel on its face. Defamatory
language not libelous on its face is not actionable unless the
plaintiff alleges and proves that he has suffered special damage as a
proximate result thereof. Special damage is defined in Section 48a
of this code.
46. Slander is a false and unprivileged publication, orally
uttered, and also communications by radio or any mechanical or other
means which:
1. Charges any person with crime, or with having been indicted,
convicted, or punished for crime;
2. Imputes in him the present existence of an infectious,
contagious, or loathsome disease;
3. Tends directly to injure him in respect to his office,
profession, trade or business, either by imputing to him general
disqualification in those respects which the office or other
occupation peculiarly requires, or by imputing something with
reference to his office, profession, trade, or business that has a
natural tendency to lessen its profits;
4. Imputes to him impotence or a want of chastity; or
5. Which, by natural consequence, causes actual damage.
47. A privileged publication or broadcast is one made:
(a) In the proper discharge of an official duty.
(b) In any (1) legislative proceeding, (2) judicial proceeding,
(3) in any other official proceeding authorized by law, or (4) in the
initiation or course of any other proceeding authorized by law and
reviewable pursuant to Chapter 2 (commencing with Section 1084) of
Title 1 of Part 3 of the Code of Civil Procedure, except as follows:
(1) An allegation or averment contained in any pleading or
affidavit filed in an action for marital dissolution or legal
separation made of or concerning a person by or against whom no
affirmative relief is prayed in the action shall not be a privileged
publication or broadcast as to the person making the allegation or
averment within the meaning of this section unless the pleading is
verified or affidavit sworn to, and is made without malice, by one
having reasonable and probable cause for believing the truth of the
allegation or averment and unless the allegation or averment is
material and relevant to the issues in the action.
(2) This subdivision does not make privileged any communication
made in furtherance of an act of intentional destruction or
alteration of physical evidence undertaken for the purpose of
depriving a party to litigation of the use of that evidence, whether
or not the content of the communication is the subject of a
subsequent publication or broadcast which is privileged pursuant to
this section. As used in this paragraph, "physical evidence" means
evidence specified in Section 250 of the Evidence Code or evidence
that is property of any type specified in Chapter 14 (commencing with
Section 2031.010) of Title 4 of Part 4 of the Code of Civil
Procedure.
(3) This subdivision does not make privileged any communication
made in a judicial proceeding knowingly concealing the existence of
an insurance policy or policies.
(4) A recorded lis pendens is not a privileged publication unless
it identifies an action previously filed with a court of competent
jurisdiction which affects the title or right of possession of real
property, as authorized or required by law.
(c) In a communication, without malice, to a person interested
therein, (1) by one who is also interested, or (2) by one who stands
in such a relation to the person interested as to afford a reasonable
ground for supposing the motive for the communication to be
innocent, or (3) who is requested by the person interested to give
the information. This subdivision applies to and includes a
communication concerning the job performance or qualifications of an
applicant for employment, based upon credible evidence, made without
malice, by a current or former employer of the applicant to, and upon
request of, one whom the employer reasonably believes is a
prospective employer of the applicant. This subdivision authorizes a
current or former employer, or the employer's agent, to answer
whether or not the employer would rehire a current or former
employee. This subdivision shall not apply to a communication
concerning the speech or activities of an applicant for employment if
the speech or activities are constitutionally protected, or
otherwise protected by Section 527.3 of the Code of Civil Procedure
or any other provision of law.
(d) (1) By a fair and true report in, or a communication to, a
public journal, of (A) a judicial, (B) legislative, or (C) other
public official proceeding, or (D) of anything said in the course
thereof, or (E) of a verified charge or complaint made by any person
to a public official, upon which complaint a warrant has been issued.
(2) Nothing in paragraph (1) shall make privileged any
communication to a public journal that does any of the following:
(A) Violates Rule 5-120 of the State Bar Rules of Professional
Conduct.
(B) Breaches a court order.
(C) Violates any requirement of confidentiality imposed by law.
(e) By a fair and true report of (1) the proceedings of a public
meeting, if the meeting was lawfully convened for a lawful purpose
and open to the public, or (2) the publication of the matter
complained of was for the public benefit.
47.5. Notwithstanding Section 47, a peace officer may bring an
action for defamation against an individual who has filed a complaint
with that officer's employing agency alleging misconduct, criminal
conduct, or incompetence, if that complaint is false, the complaint
was made with knowledge that it was false and that it was made with
spite, hatred, or ill will. Knowledge that the complaint was false
may be proved by a showing that the complainant had no reasonable
grounds to believe the statement was true and that the complainant
exhibited a reckless disregard for ascertaining the truth.
48. In the case provided for in subdivision (c) of Section 47,
malice is not inferred from the communication.
48a. 1. In any action for damages for the publication of a libel in
a newspaper, or of a slander by radio broadcast, plaintiff shall
recover no more than special damages unless a correction be demanded
and be not published or broadcast, as hereinafter provided. Plaintiff
shall serve upon the publisher, at the place of publication or
broadcaster at the place of broadcast, a written notice specifying
the statements claimed to be libelous and demanding that the same be
corrected. Said notice and demand must be served within 20 days after
knowledge of the publication or broadcast of the statements claimed
to be libelous.
2. If a correction be demanded within said period and be not
published or broadcast in substantially as conspicuous a manner in
said newspaper or on said broadcasting station as were the statements
claimed to be libelous, in a regular issue thereof published or
broadcast within three weeks after such service, plaintiff, if he
pleads and proves such notice, demand and failure to correct, and if
his cause of action be maintained, may recover general, special and
exemplary damages; provided that no exemplary damages may be
recovered unless the plaintiff shall prove that defendant made the
publication or broadcast with actual malice and then only in the
discretion of the court or jury, and actual malice shall not be
inferred or presumed from the publication or broadcast.
3. A correction published or broadcast in substantially as
conspicuous a manner in said newspaper or on said broadcasting
station as the statements claimed in the complaint to be libelous,
prior to receipt of a demand therefor, shall be of the same force and
effect as though such correction had been published or broadcast
within three weeks after a demand therefor.
4. As used herein, the terms "general damages," "special damages,"
"exemplary damages" and "actual malice," are defined as follows:
(a) "General damages" are damages for loss of reputation, shame,
mortification and hurt feelings;
(b) "Special damages" are all damages which plaintiff alleges and
proves that he has suffered in respect to his property, business,
trade, profession or occupation, including such amounts of money as
the plaintiff alleges and proves he has expended as a result of the
alleged libel, and no other;
(c) "Exemplary damages" are damages which may in the discretion of
the court or jury be recovered in addition to general and special
damages for the sake of example and by way of punishing a defendant
who has made the publication or broadcast with actual malice;
(d) "Actual malice" is that state of mind arising from hatred or
ill will toward the plaintiff; provided, however, that such a state
of mind occasioned by a good faith belief on the part of the
defendant in the truth of the libelous publication or broadcast at
the time it is published or broadcast shall not constitute actual
malice.
48.5. (1) The owner, licensee or operator of a visual or sound
radio broadcasting station or network of stations, and the agents or
employees of any such owner, licensee or operator, shall not be
liable for any damages for any defamatory statement or matter
published or uttered in or as a part of a visual or sound radio
broadcast by one other than such owner, licensee or operator, or
agent or employee thereof, if it shall be alleged and proved by such
owner, licensee or operator, or agent or employee thereof, that such
owner, licensee or operator, or such agent or employee, has exercised
due care to prevent the publication or utterance of such statement
or matter in such broadcast.
(2) If any defamatory statement or matter is published or uttered
in or as a part of a broadcast over the facilities of a network of
visual or sound radio broadcasting stations, the owner, licensee or
operator of any such station, or network of stations, and the agents
or employees thereof, other than the owner, licensee or operator of
the station, or network of stations, originating such broadcast, and
the agents or employees thereof, shall in no event be liable for any
damages for any such defamatory statement or matter.
(3) In no event, however, shall any owner, licensee or operator of
such station or network of stations, or the agents or employees
thereof, be liable for any damages for any defamatory statement or
matter published or uttered, by one other than such owner, licensee
or operator, or agent or employee thereof, in or as a part of a
visual or sound radio broadcast by or on behalf of any candidate for
public office, which broadcast cannot be censored by reason of the
provisions of federal statute or regulation of the Federal
Communications Commission.
(4) As used in this Part 2, the terms "radio," "radio broadcast,"
and "broadcast," are defined to include both visual and sound radio
broadcasting.
(5) Nothing in this section contained shall deprive any such
owner, licensee or operator, or the agent or employee thereof, of any
rights under any other section of this Part 2.
48.7. (a) No person charged by indictment, information, or other
accusatory pleading of child abuse may bring a civil libel or slander
action against the minor, the parent or guardian of the minor, or
any witness, based upon any statements made by the minor, parent or
guardian, or witness which are reasonably believed to be in
furtherance of the prosecution of the criminal charges while the
charges are pending before a trial court. The charges are not pending
within the meaning of this section after dismissal, after
pronouncement of judgment, or during an appeal from a judgment.
Any applicable statute of limitations shall be tolled during the
period that such charges are pending before a trial court.
(b) Whenever any complaint for libel or slander is filed which is
subject to the provisions of this section, no responsive pleading
shall be required to be filed until 30 days after the end of the
period set forth in subdivision (a).
(c) Every complaint for libel or slander based on a statement that
the plaintiff committed an act of child abuse shall state that the
complaint is not barred by subdivision (a). A failure to include that
statement shall be grounds for a demurrer.
(d) Whenever a demurrer against a complaint for libel or slander
is sustained on the basis that the complaint was filed in violation
of this section, attorney's fees and costs shall be awarded to the
prevailing party.
(e) Whenever a prosecutor is informed by a minor, parent,
guardian, or witness that a complaint against one of those persons
has been filed which may be subject to the provisions of this
section, the prosecutor shall provide that person with a copy of this
section.
(f) As used in this section, child abuse has the meaning set forth
in Section 11165 of the Penal Code.
48.8. (a) A communication by any person to a school principal, or a
communication by a student attending the school to the student's
teacher or to a school counselor or school nurse and any report of
that communication to the school principal, stating that a specific
student or other specified person has made a threat to commit
violence or potential violence on the school grounds involving the
use of a firearm or other deadly or dangerous weapon, is a
communication on a matter of public concern and is subject to
liability in defamation only upon a showing by clear and convincing
evidence that the communication or report was made with knowledge of
its falsity or with reckless disregard for the truth or falsity of
the communication. Where punitive damages are alleged, the provisions
of Section 3294 shall also apply.
(b) As used in this section, "school" means a public or private
school providing instruction in kindergarten or grades 1 to 12,
inclusive.
48.9. (a) An organization which sponsors or conducts an anonymous
witness program, and its employees and agents, shall not be liable in
a civil action for damages resulting from its receipt of information
regarding possible criminal activity or from dissemination of that
information to a law enforcement agency.
(b) The immunity provided by this section shall apply to any civil
action for damages, including, but not limited to, a defamation
action or an action for damages resulting from retaliation against a
person who provided information.
(c) The immunity provided by this section shall not apply in any
of the following instances:
(1) The information was disseminated with actual knowledge that it
was false.
(2) The name of the provider of the information was disseminated
without that person's authorization and the dissemination was not
required by law.
(3) The name of the provider of information was obtained and the
provider was not informed by the organization that the disclosure of
his or her name may be required by law.
(d) As used in this section, an "anonymous witness program" means
a program whereby information relating to alleged criminal activity
is received from persons, whose names are not released without their
authorization unless required by law, and disseminated to law
enforcement agencies.
49. The rights of personal relations forbid:
(a) The abduction or enticement of a child from a parent, or from
a guardian entitled to its custody;
(b) The seduction of a person under the age of legal consent;
(c) Any injury to a servant which affects his ability to serve his
master, other than seduction, abduction or criminal conversation.
