Strick

Introduction

An alternative writ of mandate issued to review the trial court’s order granting partial summary judgment as to the first and second causes of action, alleging libel, and the third and fourth causes of action, alleging fraud and deceit, of plaintiffs’ first amended complaint.

Procedural Background

On March 27, 1981, petitioners commenced an action for libel against real parties in interest, based on the publication of an article in the April 1980 issue of Los Angeles Magazine. On November 17,1981, real parties in interest filed a motion for summary judgment, on the ground that the action was barred by the one-year limitations period set forth in Code of Civil Procedure section 340, subdivision (3). In support of the motion, real parties submitted affidavits which established that 95,000 subscriber copies of the April 1980 issue of Los Angeles Magazine were presented to the United States Postal Service for mailing on March 21, 1980.

One week after the motion for summary judgment was filed, petitioners filed a first amended complaint adding third and fourth causes of action for fraud and deceit and fifth and sixth causes of action for breach of contract to…