Ilse Koch v. Ruth Yannatta Goldway, Individually, and in Her Capacity as Mayor of the City of Santa Monica

This defamation suit having been dismissed in the district court on summary judgment, the appeal presents the question whether alleged remarks about the plaintiff were actionable slander. We agree with the district court that the statements were not actionable, and we affirm the judgment.

The defamation action was brought by Ilse Koch, the appellant here, against one Goldway, who had been mayor of Santa Monica, California. Koch, a property owner, was a vigorous opponent of rent control, while Goldway, first as a city council member and then as mayor, just as strongly supported it. Koch appeared at various times before the city council and campaigned against Goldway on the rent control issue.

In 1982 Koch appeared in a segment of a national television show, 60 Minutes, and expressed her views on the Santa Monica rent control controversy. Referring to her opponents on the rent control issue, she said that the “communists had finally caught up to her,” or something close to that.

After the broadcast, Goldway spoke at a private home before a group of women affiliated with the Los Angeles Jewish Federation Council. It is alleged that Goldway referred to the 60 Minutes coverage and…