Curley v. Vick

DRAPER, P. J.

The question here is whether the findings support or contradict the joint and several judgment entered against all defendants for publication, as well as republieation, of an assertedly libelous letter. Judgment was for $5,000 for each of the two plaintiffs, each such award including “special and general damage. ’ ’ All defendants appeal.

Vick, Dickson and Parks and their wives, all joined as defendants, owned an apartment house in Oakland. They employed as manager a Mrs. Wright, who is not a defendant. On October 1, 1959, plaintiff Curley, who had been discharged the day before by defendant Overseas National Airways from employment as a stewardess, and plaintiff Ward, still so employed, moved into an apartment in this building. On November 15, Miss Young, chief stewardess of the defendant

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airline (not herself joined as a defendant) moved into another apartment in the same building. It is undisputed that the manager told Miss Young that she was having trouble with plaintiffs as tenants. The next day the manager gave plaintiffs notice that they must vacate the apartment within 30 days. On November 23, the manager handed to Miss Young the letter here complained of. It stated in general terms that plaintiffs had been “having very noisy parties with plenty of drinking going on that last until all hours,” and that one night “they were throwing drinking glasses from the top floor to the patio.” There is sharp conflict as to the truth of these charges. The court found only that “the allegations charging misconduct and improprieties as applied to plaintiffs are false.” It also found that Miss Young “solicited” the letter. The evidence supports this finding, although there is conflict as to whether Miss Young asked for the letter for use in possible litigation by plaintiffs, or merely replied to the manager’s request for protection during the 30-day period of the eviction notice by stating that she could do nothing on a mere oral complaint. A copy of the letter thereafter was posted on the bulletin board of the airline. That company asserts that the names of plaintiffs and of the apartment manager were deleted before posting. But there is testimony, although strongly impeached, that no such deletion was made, and the court so found.

The complaint states two separate causes of action, one for the original publication by delivery of the letter to Miss Young as agent of the airline, and one for the republication by posting on the bulletin board. The trial court, however, made no such distinction, and entered a joint and several judgment against all defendants, admittedly holding all jointly for both publication and republication.