Franklin

Franklin v. Dynamic Details, Inc.

Good Law
10 Cal. Rptr. 3d 429·116 Cal. App. 4th 375·2004 Cal. App. LEXIS 245·2004 Daily Journal DAR 2731·2004 Cal. Daily Op. Serv. 1850
Court of Appeal of CaliforniaMarch 2, 2004G031625California7,734 words

Opinion

Opinion

Fybel, J.

Introduction

Bryan Franklin and Franklin-Choi Corporation (FCC) sued Dynamic Details, Inc. (DDi), and Jim Axton, contending three e-mail messages that Axton prepared and sent to companies with which Franklin and FCC did business were defamatory and caused interference with contractual and prospective economic relationships. The trial court concluded the e-mails contained statements that were defamatory on their face, but granted summary judgment in favor of DDi and Axton on the ground the e-mails were privileged communications under Civil Code section 47, subdivision (c).

We affirm. With respect to the causes of action for libel and trade libel, the dispositive issue is not whether the e-mails were privileged under Civil Code section 47, subdivision (c). Rather, the dispositive issue is whether the e-mails were actionable as libel; more specifically, whether the e-mails contained opinions based upon fully disclosed, provably true facts. (See Milkovich v. Lorain Journal Co. (1990) 497 U.S. 1, 19 [ 111 L.Ed.2d 1 , 110 S.Ct. 2695 ] (Milkovich); Standing Committee v. Yagman (9th Cir. 1995) 55 F.3d 1430, 1438-1439 (Standing Committee).) In compliance with Code of Civil…

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