Locke v. Mitchell

EDMONDS, J.,

pro

tem.

A general demurrer to plaintiff’s complaint having been sustained without leave to amend, plaintiff appeals from the judgment of dismissal subsequently entered.

The action is one for libel, and is based upon a letter alleged to have been written and published by the defendants. The complaint alleges that plaintiff is an attorney who for more than twenty years before the publication of the letter complained of specialized in municipal corporation law and served either as assistant secretary or secretary of the League of California Municipalities, an association composed of more than 100 incorporated cities and towns in this state,

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and that during the larger part of said time plaintiff acted as special legal advisor to many of the cities. The complaint further alleges that without any valid reason therefor plaintiff was discharged from his office as secretary by the directors of the league, and that thereafter defendants “maliciously composed of and concerning plaintiff, false and defamatory matter in the form of a letter” and published the letter by causing it to be mailed to mayors and city officials of many cities belonging to the league.

This letter, quoted in full in the complaint, appears to have been written on stationery of the League of California Municipalities, where also appears under the title of president, the name of defendant Mitchell. It is addressed to “Honorable Mayors and City Officials of the Member Cities of the League of California Municipalities”, under date of March 24, 1932, and is signed: “James H. Mitchell, President League of California Municipalities”. In it Mitchell states that the board of directors of the league on March 12th was compelled “in view of the facts presented”, to ask for plaintiff’s resignation.

As reasons for demanding the resignation, the letter states that during plaintiff’s absence from the city a Mr. Levy came into possession of a check for $190 payable to the league; that plaintiff by wire authorized Levy to endorse the check in the name of the league; that Levy did endorse it and used the proceeds and that the league has never received that part of the money to which it was entitled. The letter discusses other checks which, it states, although payable to the league, were endorsed and cashed, the major portion of the proceeds being used for other than league purposes. It also states that “The testimony given to the Board showed without contradiction that of the various sums appropriated as aforesaid, there is at least now a net sum of $202.40 unpaid” and that knowledge of the transactions came “from sources other than the office of the Secretary-Manager”. The letter also mentions a publishing company with which the plaintiff was connected during all of the time mentioned, and implies that the transactions of this company with the league were questionable, if not dishonest.