Gorton

Susan Golding and Jamie Brierton were candidates for election to the San Diego City Council. Golding won and Brierton sued her and George Gorton, a campaign helper, for conspiracy and libel arising out of the last-minute mailing to the electorate of a four-page brochure including a page reciting allegations of “violations of trust” and “improprieties” based on conservatorship proceedings involving Brierton. The court granted Golding’s and Gorton’s motions for summary judgment, dismissed the complaint and awarded attorney fees to Golding. Brierton appeals. We affirm dismissal of the complaint and reverse the attorney fee award.

I

Brierton is a lawyer. From 1979 to 1981, he was director and responsible corporate officer of the San Diego office of Planned Protective Services, Inc. (PPS), a nonprofit corporation with headquarters in Los Angeles. PPS acts as conservator and guardian by court appointment.* February 11, 1980, the superior court appointed PPS conservator of the person and estate of Edith Long. Some four months later, her neighbors William and Julianna Berlin addressed complaints about the conservatorship to the presiding probate judge, who appointed attorney…