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California Civil Code Section 43.91

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 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.

Last modified: January 12, 2009