Kanarek

On this appeal we consider the propriety of an order sustaining without leave to amend the demurrer to a complaint on the ground that the action is barred by the doctrine of res judicata. Plaintiff, Irving A. Kanarek, has appealed from the order dismissing his action following the sustaining of that demurrer. The action concerns allegedly libelous statements made by defendant, Vincent T. Bugliosi, concerning plaintiff, in defendant’s book, “Helter Skelter.” Codefendants are the coauthor and publishers of that book.

I

A brief history of the events leading up to this litigation is required before we can address the issues presented here. In 1970, defendant, Vincent T. Bugliosi, was assigned by the District Attorney of Los Angeles County to prosecute the murder charges against Charles Manson and several codefendants. Plaintiff Kanarek was hired by Charles Manson to represent him in that trial. In 1974, defendants caused to be published a work of purported nonfiction entitled “Helter Skelter” chronocling the crimes and the trial.

In September 1975, plaintiff filed a defamation action against defendants alleging that numerous references to plaintiff in said book were…