McGuiness

In this libel action plaintiff Frank McGuiness appeals from a summary judgment in favor of defendants Motor Trend Magazine et al., which was granted on the ground that the action is barred by the one-year statute of limitations. (Code Civ. Proc., § 340, subd. 3.)

According to the allegations of the complaint, plaintiff was libeled “[i]n the August, 1975, issue of Motor Trend Magazine” by a photo caption which indicated that he, along with the other three persons in the photo, had been indicted. Plaintiff filed his complaint on July 29, 1976.

According to the uncontradicted affidavits and exhibits in support of defendants’ motion for summary judgment, the August 1975 issue of Motor Trend Magazine was distributed to subscribers and to newsstands for sale to the public no later than July 24, 1975, in accordance with Motor Trend’s general policy. The general release date or on-sale date for the August 1975 issue was July 24, 1975, and Motor Trend’s contract with Curtis Circulation Company required that the August 1975 issue reach retailers no later than July 23, 1975. The magazine also had a regular monitoring system to check the effectiveness of the post office in…