Kim

In this action the plaintiff John Kim (Kim) seeks damages for defamation which he alleges was committed by the several defendants. The alleged defamation arises out of the multiple litigation matters associated with Kim’s marital and child custody dispute with his ex-wife (see opn. filed this date in Kim v. Kim, ante, p. 364 [ 256 Cal.Rptr. 217 ; consolidated case Nos. B020707, B023234, B028518 and B030164). Kim appeals from an order of dismissal entered by the trial court after the demurrers of the defendants Fred Walker, John Harrel and Gene Axelrod were sustained without leave to amend. About two weeks later Kim filed an “amended” notice of appeal to include an appeal from the court’s ruling sustaining the demurrer of another defendant, Gonzalo Pineda without leave to amend. Approximately a week later the order of dismissal as to Gonzalo Pineda was filed in the court below.

Factual and Procedural Background

On December 18, 1985, appellant filed a complaint for damages for defamation against Walker, Pineda, Axelrod, Dickerson and Kook Ja Kim, his ex-wife. The defamation arose out of an incident in which Kim was arrested on charges of molestation of his minor daughter.…