Miller v. Bakersfield News-Bulletin, Inc.

Plaintiff and appellant, who will hereafter be referred to as plaintiff brought an action sounding in libel against defendants and respondents. A demurrer was sustained without leave to amend as to the complaint and from the subsequent dismissal of the action plaintiff appeals.

We set forth the alleged libelous material which was published in defendant newspaper, Bakersfield News-Bulletin, Inc., to wit:

At the time of publication plaintiff was an incumbent candidate for the Kern County Board of Supervisors, District No. 5. He was defeated. His complaint meets the technical requirements in pleading a cause of action for libel, alleging the publication of defamatory matter, its falsity, special damages, malice, etc.

As a reviewing court we are not bound by the construction placed by the trial court on the pleadings but must make our own independent judgment thereon, even as to matters not expressly ruled upon by the trial court.

In the performance of this obligation we have reviewed the alleged defamatory matter and find that it does not cross the first threshold interposed to the pleading of a good cause of action for libel, Viewing the allegedly libelous statement as…