Cappuccio, Inc. v. Harmon

This is an appeal from a judgment of dismissal of the Monterey County Superior Court after that court had sustained respondents’ demurrer without leave to amend.

Facts

In the underlying case of People of the State of California v. Cappuccio, Inc., et al., No. 7734, appellants were found guilty by the Monterey County Superior Court of 592 violations of former Fish and Game Code section 8011 (now § 8043) and Business and Professions Code sections 12512 and 17200 for underweighing squid purchased by them from fishermen by 295,300 pounds in 1979 and by 171,175 pounds in 1980.

On or about August 23, 1983, respondent Lieutenant Harmon, the investigating officer who testified against appellants, publicly announced that appellants had been found guilty of underweighing squid by 1,391,690 pounds in 1979 and 1,925,627 pounds in 1980. The incorrect figures were thereafter published by respondent California Department of Fish and Game in its departmental newsletter.

Appellants sued respondents for libel and slander. Respondents demurred on the grounds of absolute immunity under Government Code sections 821.6 and 815.2 and privileged communication under Civil Code section 47,…