BERNSON v. BROWNING-FERRIS INDUSTRIES

Docket No. S032755.

7 Cal.4th 926 (1994)

873 P.2d 613

30 Cal. Rptr.2d 440

HAL BERNSON, Plaintiff and Appellant, v. BROWNING-FERRIS INDUSTRIES OF CALIFORNIA, INC., et al., Defendants and Respondents.

Supreme Court of California.

June 6, 1994.


Attorney(s) appearing for the Case

COUNSEL

Iverson, Yoakum, Papiano & Hatch, Neil Papiano, Patrick McAdam and Zachary J. Winner for Plaintiff and Appellant.

William L. Winslow, McClintock, Weston, Benshoff, Rochefort, Rubalcava & MacCuish, Steven W. Westcon, David W. Lamb, Steven J. Vining, Tamara G. Edwards and Brian C. Whitten for Defendants and Respondents.


OPINION

ARABIAN, J.

May the authors of an allegedly defamatory writing who conceal their identities be equitably estopped from pleading the statute of limitations in a libel action? We conclude that equitable considerations may justify an estoppel where the libeled individual neither knew, nor through the exercise of reasonable diligence should have discovered, the identity of the authors. In light of our conclusion, we shall remand...

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