Jefferson v. Chronicle Publishing Co.
| Decision Date | 03 March 1952 |
| Citation | 108 Cal.App.2d 538,241 P.2d 20 |
| Court | California Supreme Court |
| Parties | JEFFERSON v. CHRONICLE PUB. CO. |
Hearing denied.
As pointed out in my dissent in Pridonoff v. Balokovich (1951), 36 Cal.2d 788, 798, 228 P.2d 6, the United States Supreme Court has not yet passed on the validity of section 48a of the Civil Code of California.
The question was raised in Werner v. Southern Cal., etc., Newspapers (1950), 35 Cal.2d 121, 216 P.2d 825, 13 A.L.R.2d 252, but after an appeal to the United States Supreme Court was filed (19 U.S. Law Week 3074) and probable jurisdiction noted, 71 S.Ct. 81, the cause was dismissed in the United States Supreme Court on motion of the plaintiff, 340 U.S. 910, 71 S.Ct. 290, presumptively for a consideration paid by the defendants.
My views as to the invalidity of section 48a are expressed in the dissents of Justice Carter and myself as reported in Werner v. Southern Cal., etc., Newspapers (1950), supra, 35 Cal.2d 121, 137, 150, 216 P.2d 825, and in Pridonoff v. Balokovich (1951), supra, 36 Cal.2d 788, 793, 798, 228 P.2d 6.
For the reasons therein stated I would grant a hearing and reconsider the questions raised.
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Olson v. Cory
...Hence we do not even have to consider the effect of Jefferson v. Chronicle Publishing Co. (1952) 108 Cal.App.2d 538, 539, 238 P.2d 1018, 241 P.2d 20 teaching that intermediate tribunals must look to decisions of the California Supreme Court upon questions of federal constitutional b. Issues......
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Werner v. Times-Mirror Co.
...§ 48a) 4 unless he could establish special damages. Jefferson v. Chronicle Publishing Co., 108 Cal.App.2d 538, 539, 238 P.2d 1018, 241 P.2d 20. Yet, assuming some of the statements of which the appellant complains in his amended complaint to be libelous in nature, 5 to permit him to recover......