SANBORN v. CHRONICLE PUB. CO.

Docket No. S.F. 23471.

18 Cal.3d 406 (1976)

556 P.2d 764

134 Cal. Rptr. 402

LYMAN H. SANBORN, Plaintiff and Appellant, v. CHRONICLE PUBLISHING COMPANY, Defendant and Respondent; CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Appellants.

Supreme Court of California.

December 3, 1976.


Attorney(s) appearing for the Case

COUNSEL

Milton L. McGhee for Plaintiff and Appellant.

Thomas M. O'Connor, City Attorney, and John Sullivan Kenny, Deputy City Attorney, for Defendants and Appellants.

Cooper, White & Cooper, Robert R. Callan and Mark Logan Tuft for Defendant and Respondent.


OPINION

RICHARDSON, J.

In this case we are presented with questions involving the liability of defendants City and County of San Francisco (City) and its clerk, Martin Mongan (Mongan), for defamation arising from Mongan's statements to the news media explaining his release to plaintiff of funds which had been deposited with Mongan. Concluding as we do that at the time of his statements Mongan was acting within the

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