Mullins

Plaintiffs in this action for libel are the president of Oakland Police Officers Association “on behalf of” that association and its members; two members of the Oakland Police Department, and one member of the Emeryville Police Department. They appeal from judgment entered after defendants’ general demurrer was sustained without leave to amend.

The statement complained of was published April 15, 1968, in the San Francisco Chronicle column of Herb Caen. It reads: “Bay City Beat: When young Bobby Hutton and Eldridge, Cleaver were trapped by the cops in that Oakland house, the experienced Cleaver told the kid: ‘Take off all your clothes before we walk outside—that way they can’t claim you were trying to pull a gun and shoot you.’ Cleaver thereupon stripped but Hutton was too shy: he kept his shorts on. And was shot dead. The naked Cleaver was wounded.”

No special damages are alleged by plaintiffs. Thus they state a cause of action only if the language used in the publication is defamatory on its face (Civ. Code, § 45a; 3 Witkin, Cal. Procedure (2d ed. 1966) Pleading § 595, p. 2236).

In determining whether the language used meets this test, we are required to place…