Vedovi

Vedovi v. Watson & Taylor

Good Law
104 Cal. App. 80·1930 Cal. App. LEXIS 955·285 P. 418
Court of Appeal of CaliforniaFebruary 17, 1930Docket No. 6881.California2,110 words

Opinion

lead Opinion

Gray, J.

Appeal from a judgment given in an action for libel for failure to amend after the demurrer to the amended complaint had been sustained. Since the four causes of action set forth in such complaint are alike in form and substance except only as to the recipient of the respective notices and the amount therein stated as due, it will be sufficient, for the present purposes as suggested by counsel, to consider only the sufficiency of the first cause of action. As to the publication of the alleged libel it alleges “that the• defendant . . . published, declared and circulated of and concerning the plaintiff by depositing in’ the United States mail, with postage thereon, directed and addressed to the Western States Life Insurance Company the following written, libelous and defamatory communication in words and figures, to wit:

Defendant urges that its demurrer was properly sustained because the notice is not libelous as (1) it does not refer to plaintiff either directly or by reference and (2) it does not constitute any charge against him.

As to the first point, it is necessary that the words should have been published concerning the plaintiff and should have been understood by at…

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