Martin

Martin v. Kearney

Good Law
124 Cal. Rptr. 281·1975 Cal. App. LEXIS 1373·51 Cal. App. 3d 309
Court of Appeal of CaliforniaSeptember 10, 1975Civ. 44647California770 words

Opinion

Opinion

Fleming, J.

Libel action by Henriette Martin, a public school teacher, against the Kearneys and the Bracketts, parents of two of Martin’s students. The action complains of defendants’ letters to the school principal which questioned Martin’s classroom conduct and her fitness to teach typing to high school students. The trial court granted defendants a judgment on the pleadings, and Martin has appealed.

Martin’s complaint alleged: On 15 February 1972 defendants “with intent to injure plaintiff in her reputation and occupation, maliciously published, among and to various persons including plaintiff’s superiors and employers, letter[s] addressed to plaintiff’s superior, Mr. Edward C. Moore, Principal of Palos Verdes .High School.” The letters falsely stated that Martin had displayed an utter lack of judgment or respect, had been rude, vindictive and unjust, misused her authority and had given failing grades to students she did not like. One letter stated, “We are sending you this information ... in the hope that either Miss Martin is able to correct her personality defects (with or without professional assistance) or in the future will teach adults who perhaps can cope with her…

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