Brandt

The basic problem here involved is whether a corporate bond can be filed as security in a libel and slander action. The filing of such a bond, in our opinion, complies with the statutory requirements. Therefore, the requested writ should issue. .

The problem arises under the following circumstances. Petitioner Brandt filed an action in respondent court against real parties in interest seeking damages, an injunction, and declaratory relief. The complaint stated causes of action for unfair competition, breach of contract, and libel and slander. To satisfy the requirements of section 830 of the Code of Civil Procedure, requiring an undertaking by plaintiff of $500 in libel or slander cases, appellant filed, prior to the issuance of summons, a $500 corporate bond of the Fidelity and Deposit Company of Maryland. Real parties in interest moved to dismiss the action on the ground that a corporate bond did not meet the requirements of section 830. They contended that a corporate bond would not suffice in lieu of the two personal sureties referred to in that section. Real parties in interest do not, however, challenge the financial integrity of the corporate bond filed by petitioner, nor…