Stockton Newspapers, Inc. v. Superior Court
Decision Date | 20 December 1988 |
Docket Number | No. C000029,C000029 |
Citation | 254 Cal.Rptr. 389,206 Cal.App.3d 966 |
Court | California Court of Appeals Court of Appeals |
Parties | , 16 Media L. Rep. 1417 STOCKTON NEWSPAPERS, INC., Petitioner, v. SAN JOAQUIN SUPERIOR COURT, Respondent, Wilson STEWART, Real Party in Interest. |
No appearance for respondent.
Babitzke & Meleyco, Kenneth N. Meleyco, Patricia K. Ferguson, Stockton, for real party in interest.
Must a newspaper be convinced that a charge of official misconduct is true before it may publish conflicting accounts of the charge, free of a claim of libel? We conclude that it need not. We hold that a newspaper is privileged to print a fair report, attributed to a third party, of a claim of official misconduct denied by the official, and is under no duty to resolve conflicting claims of what happened. (Civ.Code, § 47, subd. 3.)
This original proceeding arises out of a libel action by Wilson Stewart, a City of Stockton police officer, against defendant Stockton Newspapers, Inc. (Stockton Newspapers), a newspaper publisher. Stewart claims that a newspaper article published by defendant is libelous because it reports an accusation that he improperly procured a false confession to a crime from a person later released as innocent of the crime. The article presents both the accusations of impropriety, made by the person who confessed, and Stewart's denial.
Stockton Newspapers was denied a summary judgment (Code Civ. Proc., § 437c), sought on the grounds that the undisputed facts adduced show that the publication of the Stewart article was privileged under Civil Code section 47, subdivision 4 and the First Amendment. 1 This writ proceeding followed. We will issue a peremptory writ directing the trial court to grant summary judgment.
The following predicate facts, adduced in the papers submitted at the summary judgment proceeding, are undisputed.
Stockton Newspapers, Inc., the petitioner, publishes and circulates the Stockton Record, a daily newspaper. On February 6, 1980, the allegedly libelous article entitled "Teen's Month Behind Bars After A Phony Confession" was published in the Stockton Record. The text of the article is as follows, with the portions Stewart alleges to be defamatory underlined.
Stockton Newspapers supported its motion for summary judgment with a declaration of Armando Durazo, the reporter who authored the article; portions of Stewart's depositions; portions of Miles's grandparents' depositions; a declaration by Stewart relating the factual basis...
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