Gerard

This appeal has been preceded by a trial for libel, consolidating two complaints; a trial for malicious prosecution; an appeal, resulting in an August 21, 1978, opinion by Ashby, J., Hastings, J., and Kaus, J.; and a second trial for malicious prosecution. All parties appeal from the judgment.

Underlying Facts

George Gerard (Gerard) has been a resident of Inglewood since 1962. In 1968, he became interested in local politics; his involvement increased in July 1969, when Inglewood formed a redevelopment agency and his friend, the planning director, was fired. At that time he formed the Inglewood Citizens Committee to raise funds for his fired friend. As a self-described *974 “clean government nut,” Gerard kept close watch on the Inglewood City Council, of which David C. Pierson (Pierson) was a member. 1 He attended numerous city council meetings, speaking vigorously on a wide variety of issues. In addition to complaining to the district attorney’s office about the handling of a zoning matter, Gerard also filed several suits against the city, challenging the validity of various council actions.

In February 1970, Gerard actively campaigned against the election of Pierson…