Sleeping With The Enemy.

For years, the wife read books about divorce, money and using false criminal accusations against a spouse in a divorce proceeding.  Eventually she reported to the sheriff that her husband threatened to kill her and their children.  The husband was criminally prosecuted for making terrorist threats and found not guilty.  He filed a malicious prosecution claim against his wife and her friend who backed up her story.  The two women filed a special motion to strike under the anti-SLAPP statute [Civ.Proc. §325.16.].  Both the trial and appellate courts found there was no protected activity.  The Court of Appeal also found the litigation privilege under Civil Code §47 did not protect the women.  Lefebvre v. Lefebvre  (Cal. App. Second Dist., Div. 8;  September 28, 2011) 199 Cal.App.4th 696, [131 Cal.Rptr.3d 171].