Acts Prepatory To Official Proceedings Covered By Anti-SLAPP Statute.

Plaintiff is the father of a five-year-old daughter and is going through a divorce.  He brought a federal civil rights action under 42 USC §1983 against a licensed family and marriage therapist claiming the therapist conspired with his former mother-in-law and others to falsely accuse him of sexually abusing his child. He alleges the therapist coached the child to draw illicit pictures of herself and him in bed together. Child protective services was notified, but the juvenile court dismissed the proceedings when it found no evidence to support allegations against the father. The trial court granted the therapist’s petition to dismiss under the anti-SLAPP statute [Code of Civil Procedure section 425.16]. The Court of Appeal affirmed, stating:  “We conclude that the section 1983 claims are based on acts in furtherance of the rights of free speech or petition, specifically actions preparatory to or in anticipation of official proceedings, including an official investigation by child protective services and juvenile dependency proceedings.” Dwight R. v. Christy B.  (Cal. App. Fourth Dist., Div. 2; January 7, 2013) 212 Cal.App.4th 697.