Costa

Petitioners are defendants in a libel action entitled Donald Passalacqua et al. v. Edward Costa et al., No. 82518, pending in respondent court. Following respondent court’s denial of petitioners’ motion for summary judgment predicated upon a claim of absolute privilege under the provisions of Civil Code section 47, subdivision 2, petitioners sought mandamus relief from this court which we summarily denied on July 8, 1983. On August 18, 1983, the California Supreme Court granted its petition for hearing and retransferred the cause to this court with directions to issue an alternative writ of mandate citing Tiedemann v. Superior Court (1978) 83 Cal.App.3d 918 [ 148 Cal.Rptr. 242 ]. We issued said alternative writ on August 24, 1983.

The petition seeking to compel respondent court to vacate its order of denial and to grant summary judgment in favor of petitioners arises against the following procedural background:

In 1965 UPEC Association changed its name to “Benicia Portuguese Hall Association” (hereafter Benicia Association); petitioner Supreme Council alleges that such change of name by the subordinate lodge was unauthorized and in violation of the UPEC bylaws.

In 1980…