A parents’ written complaint to a school board is privileged under Civil Code Section 47(b) as part of an "official proceeding".

In Lee vs. Fick (2006) 135 Cal.App.4th 89, 37 Cal.Rptr.3d 375, a high school baseball coach sued the parents of a player for defamation after the parents had urged school officials to fire the coach. The Court of Appeal upheld the granting of the defendant parents’ motion to strike the defamation claims pursuant to Code of Civil Procedure Section 425.16. C.C.P. §425.16, commonly known as the Anti-SLAPP statute, allows for early dismissal of a complaint if the court determines that a cause of action arises from an act of a person which is in furtherance of his or her right to free speech and if plaintiff cannot establish that there is a probability plaintiff will prevail on the claims. The motion is based both upon the pleadings and affidavits stating facts upon which liability or a defense is asserted. Here, it was determined that the Defendants would likely prevail as statements made by the parents in letters to the school board were determined to be privileged under Civil Code Section 47(b). Civil Code Section 47(b) holds that a communication is absolutely privileged if it is made as part of a legislative proceeding, judicial proceeding or any other official proceeding authorized by law. The complaining letters are considered part of an "official proceeding" even where no formal proceedings are yet underway.