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SMITH v. M.D.

Nos. B159868, B160628.

130 Cal.Rptr.2d 315 (2003)

105 Cal.App.4th 1169

James SMITH, Plaintiff and Respondent, v. M.D., a Minor, etc., Defendant and Appellant. M.D., a Minor, etc., Petitioner, v. The Superior Court of Los Angeles County, Respondent; James Smith, Real Party in Interest.

Court of Appeals of California, Second District, Division Two.

As Modified February 11, 2003.

Review Granted April 23, 2003.

Attorney(s) appearing for the Case

Law Offices of Michael Thomas, Janet L. Keuper and Mirth White, Long Beach, for Petitioner.

No appearance by Respondent.

Stephen C. Moore for Real Party in Interest.

BOREN, P.J.

Real party in interest, James Smith, brought a defamation action against petitioner M.D., a minor. Smith alleged that M.D., at six years of age, falsely reported to her grandmother, her parents and the police that Smith had sexually molested her. When M.D.'s demurrer was overruled, this petition for writ of mandate followed. We hold that the Child Abuse and Neglect Reporting Act (Pen.Code, § 11164 et seq.)1 (Act), including...

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