Legal Question in Civil Litigation in California

You can not sue her or police regarding the filing of criminal accusations and charges or investigating, etc. That is all completely protected activity., for obvious reasons.

However, if she also makes provably false and damaging statements to any other persons, you could sue for defamation if it makes economic sense to do so.

I would disagree slightly with Mr. Nelson.

A claim can be established in California for malicious prosecution, even though it is based on the defendant's filing of a knowingly false police report. As Mr. Nelson correctly notes, there is no claim for defamation or anything else based solely on the false report.

I also agree with Mr. Nelson that your son may well have claims for defamation based on this woman's statements to others -- the statements in the police report, however, are "off limits" for purposes of these other claims.

I strongly suggest that your son meet with a lawyer to discuss all the facts of this case, and obtain an opinion as to his chances of success and the cost of a lawsuit, before proceeding any further on this matter.

While I don't disagree with the previous answers, they leave out one key fact - an action for defamation requires proof of actual damages. Mere inchoate embarrassment, inconvenience, and tarnished reputation do not give rise to a legal claim for defamation. There must be actual damages such as lost employement or some other difinitive harm from the false statements. Otherwise there is no legally actionable claim for defamation.