Gunsul v. Ray

CRAIL, J.

This is an appeal from a judgment in favor of the defendant after an .order had been made sustaining a general demurrer to the complaint without leave to amend. The only questions involved on this appeal are: Was the language used by the defendant libelous? Was it privileged? If the privilege was qualified privilege, was malice properly alleged in the complaint in order to remove the privilege? If, so, the complaint stated a cause of action and the demurrer should have been overruled.

As regards these matters, the complaint alleged that the defendants, through evil motive and malice toward the plaintiff, wilfully, maliciously and with intent and design to injure, disgrace and defame the plaintiff, and to bring her into public discredit as an auditor and as a woman, and to cause the public to hold the said plaintiff in contempt and ridicule, did sign a statement addressed to the city clerk of Long Beach, a notice given to the qualified electors of said city containing the following statements: “Whereas, for years the City Auditor has been taking from the City of Long Beach, $600.00 more per year than she is entitled to, in direct violation of the Charter of the City of Long Beach, Section 55-A. Whereas, the City Auditor (Miss Gunsul) has violated the City Charter, sections 136 (2) and 136 (4) by causing the issuance of a warrant for a considerable sum, to a certain prominent Los Angeles Attorney, drawn on the general payroll funds of the City of Long Beach, as payment for his services in defending her in a personal suit, after a demand by said attorney had been turned down by our own City Council, and which our own City Attorney labeled as a personal action, and in which suit as City Attorney, he declared he could not properly defend her.” That said statements were not only false but were known by defendants to be false and were

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made through malice toward the plaintiff and with the intent of injuring plaintiff as heretofore set out-.

A false and unprivileged publication by writing or printing which exposes a person to hatred, contempt or obloquy, or which has a tendency to injure him in his occupation is libelous. To charge a public official with the misappropriation of public funds is an attack upon his or her honesty and fitness for public service. It is not necessary in order to be libelous that a publication charge the commission of a crime. It is obvious that the statements herein complained of tended to expose the plaintiff to contempt and obloquy and to injure her in her occupation as a public officer and were libelous, if false, unless privileged.