Antonovich

Michael Antonovich (Antonovich) petitions this court for a writ of mandate (Code Civ. Proc., § 1085) to compel respondent court to grant his motion for summary judgment against Baxter W. Schwellenbach, also known as Baxter Ward (Ward).

We deny the petition and discharge the alternative writ of mandate.

Factual Statement

Ward was a television news director and anchorman in Los Angeles from 1955 to 1972. He was elected and served as a Los Angeles County supervisor for two terms from 1972 to 1980.

In 1980 Antonovich defeated Ward in an election for the latter’s Fifth District seat on the county board of supervisors.

Ward vacated the offices on a Friday, and Antonovich took possession of them on the following Monday.

In 1984 Antonovich was reelected as the Fifth District supervisor.

In the 1988 election Ward ran against Antonovich. Ward was a public figure. During the 1988 election certain statements were attributed to Antonovich which charged Ward with removing and/or destroying files from the Fifth District supervisor’s office prior to Antonovich taking possession of the office from Ward in 1980.

The statements at issue are:

Procedural Statement

On October 25,…