WERNER v. SOUTHERN CAL. ETC. NEWSPAPERS

Docket No. L.A. 21132.

35 Cal.2d 121 (1950)

216 P.2d 825

ERWIN P. WERNER, Appellant, v. SOUTHERN CALIFORNIA ASSOCIATED NEWSPAPERS (a Corporation), Respondent.

Supreme Court of California. In Bank.

April 14, 1950.


Attorney(s) appearing for the Case

Morris Lavine for Appellant.

William C. Ring as Amicus Curiae on behalf of Appellant.

O'Melveny & Myers, Louis W. Myers, Sidney H. Wall and Pierce Works for Respondent.

Price, MacDonald & Knox, Harry L. Price, Calkins, Hall, Linforth & Conard, Reginald H. Linforth, Cooper, White & Cooper, George A. Helmer, John Hamlyn, Cosgrove, Clayton, Cramer & Diether, T.B. Cosgrove, Binford & Binford, Howard Binford, Lawler, Felix & Hall, John Hall, Flint & MacKay, H.S. MacKay, Jr., Edward L. Compton, McEnerney & Jacobs, Garret McEnerney II and Stephen W. Downey, Amici Curiae on behalf of Respondent.


TRAYNOR, J.

Plaintiff appeals from a judgment of dismissal of his action for libel, entered upon his failure to amend his complaint after a demurrer thereto had been sustained. Plaintiff alleged in his complaint that defendant published in its newspapers false charges that he had been convicted of a felony and sentenced to prison therefor, that the falsity of these charges was known or should have been known to defendant, and that defendant published the charges with...

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