Frisk

Plaintiff Richard M. Frisk appeals from a judgment entered on a directed verdict denying him recovery in a defamation action.

The settled statement submitted on appeal pursuant to rule 7 of the California Rules of Court indicates that appellant was a certificated high school teacher in the Richmond Unified School District and a duly licensed California attorney, while respondent was the appointed superintendent of the Mt. Diablo Unified School District, Concord, California (“Diablo School District”) and the secretary of the school board. On August 1, 1967, the Diablo School District held a public school board meeting during which the annual school budget was discussed. Both respondent and appellant attended said meeting, the latter in his professional capacity as attorney and counsel for an interested parent and taxpayer. The defamatory words which gave rise to the present action were uttered by respondent when appellant rose to address the meeting on behalf of his client. It is admitted that the comments made by respondent were understood by third persons to be derogatory and defamatory with regard to appellant both as a teacher and attorney. It is likewise undisputed…