Schneider

Plaintiffs and appellants Eugene Schneider and Bernice Schneider appeal from the judgment of the Superior Court of Alameda County entered in favor of defendants and respondents United Airlines, Inc., and Roy Thomas, Inc. The judgment was entered in favor of respondents on the ground that appellants’ causes of action stated in their amended complaint were barred by the one-year statute of limitations set out in Code of Civil Procedure section 340, subdivision 3, for defamation actions. The only issue in the instant case is when the statute of limitations began to run on appellants’ causes of action for defamation as stated in their amended complaint.

Facts

The trial was bifurcated so that the parties could try the statute of limitations issue before any evidence was taken on the elements of appellants’ causes of action. This issue was tried solely on the basis of stipulated facts and documentary evidence introduced at trial.

The original complaint for defamation (libel) was filed by appellants on March 19, 1982. The stipulated facts and documentary evidence introduced at the bifurcated trial establish that in April of 1980, respondents transmitted to TRW Credit Data…