Nizam-Aldine

I. Introduction

The City of Oakland (the City) appeals a judgment entered pursuant to a jury verdict holding the City liable for defamation and for placing plaintiffs in a false light. Plaintiffs and respondents, Zuhayr Nizam-Aldine (Aldine) and A1 Masso (Masso) are licensed civil engineers allegedly accused by the City of conducting inaccurate and fraudulent boundary surveys of three parcels of property located in the Oakland Hills. The jury awarded Aldine $650,000 and Masso $125,000. The City contends the trial court committed constitutional error by instructing the jury that the City had the burden of proving that the allegedly defamatory statements were true.

We conclude the allegedly defamatory statements at issue in this case pertained to a matter of public interest. Therefore, the jury instmction requiring the City to prove these statements tme violated the City’s federal Constitution First Amendment rights. Because the erroneous instmction was prejudicial, we reverse the judgment.

II. Statement of Facts

A. Background: The 1927 Map and the 1954 Map

In 1980 Aldine purchased two lots in the Forestland Manor subdivision of the Oakland Hills, one located on…