Rangel

Palm Springs Tennis Club v. Rangel

Good Law
1999 Cal. App. LEXIS 613·73 Cal. App. 4th 1·86 Cal. Rptr. 2d 73·99 Daily Journal DAR 6533·99 Cal. Daily Op. Serv. 5075
Court of Appeal of CaliforniaJune 24, 1999E022279California2,258 words

Opinion

Opinion

Ramirez, J.

Plaintiff Palm Springs Tennis Club (hereinafter PSTC) appeals from a judgment entered after the defendants’ demurrers to the second amended complaint were sustained without leave to amend. PSTC complained that statements defendants published about Warren Low, its president and chairman of the board, were libelous of PSTC. The trial court determined the second amended complaint failed to state a cause of action for libel. We agree and affirm.

Facts and Procedural History

On April 16, 1997, PSTC filed a complaint for libel against defendant Delia Rangel (hereinafter Rangel). On June 25, 1997, PSTC filed a first amended complaint for libel subjoining Morris Fisher (hereinafter Fisher) as an additional defendant. The defendants’ demurrers to the first amended complaint were sustained with leave to amend.

PSTC’s second amended complaint, filed on October 9, 1997, alleges: PSTC is a nonprofit corporation which, through its board of directors, operates a time-share resort known as the Palm Springs Tennis Club for the mutual benefit of its owners and members. Warren Low was and is the president, a member of the board, and the chairman of the board of PSTC, in addition to…

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