Pierce

In this action for libel and intentional infliction of emotional distress, the trial court granted defendant newspaper’s motion for summary judgment after it was admitted that plaintiff suffered no special damages as the result of an allegedly libelous publication. Earlier the court had determined, in a motion for summary adjudication of issues, that plaintiff was limited to special damages because the newspaper had printed a retraction in “substantially as conspicuous a manner ... as were the statements claimed to be libelous.” (Civ. Code, § 48a.) On appeal, plaintiff contends that the court erred when it decided as a matter of law that the retraction was sufficiently conspicuous to immunize the newspaper from general and punitive damages. We shall hold that the issue of whether a retraction is sufficiently conspicuous is a material, triable issue of fact for the jury to decide. Accordingly, we reverse the summary judgment.

Facts

Captain Loren Pierce is a 34-year veteran of the Santa Clara Police Department who retired in August 1985. In 1982, Pierce was assigned to head the specific crime action team (SCAT), an elite unit formed in 1980 to conduct undercover…