(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.

Section: Previous 45a 46 47 47.5 48 1 48.5 48.7 48.8 48.9 49 51 51.1 51.2 51.3 Next

California Lawyers

Bostwick & Associates San Francisco Injury Lawyer.
Stephen Brodsky San Diego Criminal Defense Attorney.
Carpenter & Zuckerman Los Angeles Injury Lawyer.
Michelle Gee Palo Alto Immigration Lawyer.
Stephen T. Hodge Elk Grove Estate Planning Lawyer.
Bethani Jackson San Mateo Criminal Defense Lawyer.
Nicholas C. Rowley California Injury Lawyer.
Thomas G. Lewellyn Oakland Injury Lawyer.
Tilden Moschetti San Francisco Divorce Lawyer.
Jeremy Ofseyer Palm Springs Estate Planning Lawyer.
Larry H. Parker Los Angeles Personal Injury Lawyer.
Carey Pickford Temecula Estate Planning Lawyer.
Scott Righthand San Francisco Personal Injury Lawyer.
Scott Sagaria San Jose Family Lawyer.
Edward A. Smith Sacramento Auto Accident Lawyer.
Weiss LLP San Mateo Business Lawyer.
Clarke Logan Young Los Angeles Divorce Lawyer.

Last modified: July 31, 2008