Stolz

In this defamation action, plaintiff Edward R. Stolz II, doing business as KWOD 106.5 FM, appeals from a judgment upon a jury’s verdict in favor of defendants KSFM 102 FM, Genesis Broadcasting Co., and Chris Collins. Plaintiff contends the trial court erred in (1) determining he is a public figure and the speech involved matters of public concern, (2) instructing the jury that to establish falsity of the allegedly defamatory statements the “gist” of the information must be false, (3) admitting negative evidence of plaintiff’s reputation, and (4) failing to instruct the jury that certain statements were slanderous per se. Plaintiff also contends no substantial evidence supports the defense verdict.

In the published portion of this opinion we conclude the trial court correctly mled plaintiff was a public figure and the speech involved matters of public concern. In an unpublished portion of title opinion, we reject plaintiff’s remaining contentions of error. We shall therefore affirm the judgment.

Factual and Procedural Background

Plaintiff is the owner, operator, and general manager of radio station KWOD 106.5 FM in Sacramento, licensed and regulated by the Federal…