Di Giorgio Corp. v. Valley Labor Citizen

—Plaintiff brought this action against the defendants charging all defendants with the publication of a false and libelous article in the Valley Labor Citizen, a newspaper of general circulation, distributed in the San Joaquin Valley. Plaintiff sought to recover general and punitive damages. However, plaintiff did not allege or seek to recover special damages.

After a seven-day jury trial the jury returned a verdict holding all the defendants jointly and severally liable for $5,000 general damages and $25,000 punitive damages. Defendant Jeff Boehm then moved for judgment notwithstanding the verdict for himself only. The remaining defendants moved for a new trial. The court denied defendant Boehm’s motion for judgment notwithstanding the verdict. It also denied the motion for a new trial “provided that plaintiff shall remit from the judgment all except the sum of $3,000.00 as general damages, and all except $10,000.00 as punitive damages.” Plaintiff consented to the remission and judgment was entered accordingly. Defendants appeal from the judgment. In addition, defendant Boehm appeals from the court’s order denying his motion for judgment notwithstanding the verdict.

On April…