Denney

Introduction

Roger Denney (Roger) and Roger’s wife, Marilyn Denney, (collectively plaintiffs) appeal from a stipulated judgment of dismissal entered against them and in favor of the Press Enterprise Company (Press-Enterprise) and E. M. Lawrence (Lawrence) (collectively defendants). They contend that the trial court erred when it ruled, for purposes of the plaintiffs’ defamation action, that Roger was a “limited public figure” in relationship to the controversy surrounding his brother Rodney Denney’s (Rodney) arrest, conviction, and sentencing for the killing of Rodney’s wife, Susan. This ruling had the effect of precluding plaintiffs’ recovery of damages unless they first established that the defamatory statements were made with actual malice.

They also contend that, as to Lawrence, the trial court erred when it ruled that Lawrence was entitled to the protection of Civil Code section 48a, with which plaintiffs admittedly had failed to comply, resulting in plaintiffs, being limited to recovering special, rather than special, general and exemplary damages, from Lawrence.

Facts

Roger and Rodney were identical twins. Both had been sheriff’s officers for the County of San…