Whelan v. Wolford

GRIFFIN, P. J.

This action, filed May 1, 1956, arose out of proceedings before the Santa Ana Planning Commission involving an application made and filed by plaintiff’s husband for a use variance in connection with certain real property allegedly owned by plaintiff and her said husband in the city of Santa Ana. The complaint purports to make out a ease in libel and slander based on certain alleged defamatory matter contained in a certain writing bearing the signatures of the defendants and others, which writing was presented to

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and filed with said planning commission, protesting the granting of said variance application. The complaint purported to allege damages to plaintiff in the sum of $50,000. The instrument claimed to he false and libelous was in part as follows:

“To: Santa Ana Planning Commission

“Subject: Zoning variance application for 723 E. Pine Street, Santa Ana, Calif., to be considered at your regular meeting of May 9, 1955, at 7 :30 p.m.

“Gentlemen:

“We, the undersigned, strenuously oppose a variance on subject property to permit the construction, or the moving thereon, of a second dwelling and, offer the following for your most careful consideration:

“1. The house located on the property, as of this time, has been for several years used as a rooming house.

“2. Due to the class of people renting rooms therein, it has been for many years a complete shocking disgrace to the immediate neighborhood, including the whole of Santa Ana.

“3. It is estimated, that at times, up to nearly 20 people live in the present small dwelling.

“4. It is very rare that there are less than six ears parked around the house. In most cases there is always one or two without tires parked on the street. There have been times when these partially dismantled ears would not turn a wheel for many months at a time.

“5. The house itself has not been kept in repair and, is in a disgraceful run-down condition.