Montandon

Montandon v. Triangle Publications, Inc.

Good Law
120 Cal. Rptr. 186·1975 Cal. App. LEXIS 1742·45 Cal. App. 3d 938·84 A.L.R. 3d 1234
Court of Appeal of CaliforniaMarch 12, 1975Civ. 33146California5,564 words

Opinion

Opinion

Bray, J.

Defendant appeals from judgment of the San Francisco Superior Court after a jury verdict in favor of plaintiff.

Questions Presented

1. The article was libelous.

2. There was proof of malice.

3. Civil Code section 48a does not apply to magazines.

Record

Plaintiff filed an action against defendant Triangle Publication, Inc. (hereinafter “Triangle”), the owner and publisher of TV Guide for libel by reason of an insertion hereinafter described appearing in that publication of September 14, 1968.

Defendant answered denying liability and setting up certain affirmative defenses. A first trial by jury resulted in a mistrial as the jury failed to reach a verdict. Thereafter a jury rendered a verdict in favor of plaintiff and against Triangle in the sum of $150,000 compensatory damages and $1,000 punitive damages. Triangle appeals.

Facts

This litigation arose because in the TV Guide available for sale at newsstands on September 9, 1968, there appeared the listing for the “Pat Michaels Show” scheduled to be seen on September 20, 1968, hereinafter discussed.

It is unnecessary to detail the evidence showing that Miss Montandon is a public figure and a person of general…

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