Snepp

I. INTRODUCTION

Civil Code section 48a, subdivision 1 provides that a “[pjlaintiff,” in order to recover general damages in a defamation case, must serve a retraction demand. What happens when a “plaintiff” is not named in the retraction demand? Can the plaintiff recover actual damages because a wholly owned subsidiary is identified as the party demanding retraction? We conclude that in order for a valid Civil Code section 48a, subdivision 1 retraction demand to preserve the right to pursue general damages, the plaintiff must be actually named or so described that the media defendant fairly knows who is objecting to the challenged publication. As we shall explain, merely identifying a wholly owned subsidiary who it is commonly known is owned by a potential plaintiff in a retraction demand does not comply with the statutory language and purposes embodied in Civil Code section 48a, subdivision 1.

Defendants, Frank W. Snepp III, NBC Universal, Inc., and NBC Subsidiary (KNBC-TV), Inc. (the station), appeal after their special motions to strike two complaints filed by plaintiffs, Anschutz Entertainment Group, Inc. (the group), and its subsidiary L.A. Arena Company LLC (the…