LEWIS v. LINN

Docket No. 20578.

209 Cal.App.2d 394 (1962)

26 Cal. Rptr. 6

MARVIN E. LEWIS, Plaintiff and Appellant, v. CLARENCE A. LINN, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

November 9, 1962.


Attorney(s) appearing for the Case

Leo R. Friedman for Plaintiff and Appellant.

Thomas M. O'Connor, City Attorney, and George E. Baglin, Deputy City Attorney, for Defendant and Respondent.


DRAPER, P.J.

Plaintiff, an attorney, seeks damages from defendant, a municipal judge, for allegedly slanderous statements made by the judge from the bench. Demurrer to the complaint was sustained without leave to amend. Plaintiff appeals from the judgment of dismissal.

Plaintiff contends that neither the general rule of judicial immunity nor the absolute privilege under the law of defamation is available to defendant. The argument is that each is limited to...

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