ANSCHUTZ ENTERTAINMENT GROUP, INC. v. SNEPP

No. B206789.

171 Cal.App.4th 598 (2009)

ANSCHUTZ ENTERTAINMENT GROUP, INC., et al., Plaintiffs and Respondents, v. FRANK W. SNEPP III et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Five.

As modified March 3, 2009.

Certified for Partial Publication


Attorney(s) appearing for the Case

Bostwick & Jassy, Gary L. Bostwick and Jean-Paul Jassy for Defendants and Appellants.

Strook & Strook & Lavan, Barry B. Langberg, Deborah Drooz and Michael J. Niborski for Plaintiffs and Respondents.


OPINION

TURNER, P. J.

I. INTRODUCTION

(1) Civil Code section 48a, subdivision 1 provides that a "[p]laintiff," in order to recover general damages in a defamation case, must serve a retraction demand. What happens when a "plaintiff" is not named in the retraction demand? Can the plaintiff recover actual damages because a wholly owned subsidiary is identified as the party demanding retraction...

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