Rachel English v. Bestbuy Corp

Opinion

Case 2:22-cv-03063-FMO-JEM Document | Filed 05/23/22 Pagelof1 Page !ID#:151

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Rachel English, CASE NUMBER CV 22-3063-FMO JJEMx) PLAINTIFF(S) Vv. Bestbuy Corp., et al. ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS DEFENDANT(S)

IT IS ORDERED that the Request to Proceed In Forma Pauperis is hereby GRANTED.

Date United States Magistrate Judge

IT IS RECOMMENDED that the Request to Proceed In Forma Pauperis be DENIED for the following reason(s): [] Inadequate showing of indigency [] District Court lacks jurisdiction x] Legally and/or factually patently frivolous [] Immunity as to Other:

Comments: Complaint fails to state a cognizable claim for defamation based on statements made in a police report because such communications are privileged. See Cal. Civ. Code sec. 47(a) (barring tort actions for publication made "[i]n the proper discharge of an official duty"); Cal. Civ. Code sec. 47(b) (barring tort actions for communications made in a "proceeding authorized by law"); see also Nash v. Lewis, 365 F. App'x 48, 53 (9th Cir. 2010) (preparation of police report is an official duty of a police officer); Taus v. Loftus, 40 Cal.4th 683, 720 (2007) (defamatory statement must be, inter alia, unprivileged). Recommend immediate dismissal. May 23, 2022 /s/ John E. McDermott Date United States Magistrate Judge

IT IS ORDERED that the Request to Proceed In Forma Pauperis is hereby: [] GRANTED x] DISMISSED. >] DENIED (see comments above). IT IS FURTHER ORDERED that this case is hereby: REMANDED.

May 23, 2022 /s/ Fernando M. Olguin Date United States District Judge

CV-73 (01/15) ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS