Stevens v. Kobayshi

KERRIGAN, J.

This is an action for libel. Judgment went for plaintiff. The appeal is from the judgment and from an order denying defendants’ motion for a new trial.

The defendants were the publishers of a daily newspaper called

TJie Japanese-American News.

The complaint alleges that “on the 28th day of January, 1910, said defendants published a certain libel of and concerning the plaintiff, which publication was in Japanese and Chinese figures and characters, and when translated into English reads as follows:

‘Now this woman used to be on Harrison Street, a Chinese doctor’s concubine;

by no means get Miss Stevens to advise; Miss Stevens surely is no good or worthy of teaching; she is not decent; don’t wait to see her; keep away; you will make a mistake to go there; do not let Miss Stevens fool you; there is still more to be found out. ’ ’ ’

Two points are presented for our consideration.

The article was not set forth in the complaint in the language in which it was alleged to have been published; and defendants’ first point is that their demurrer, based upon that ground, should have been sustained.

There is no merit in this position. “Judicial proceedings shall be conducted and preserved ... in no other than the English language. (Const., art. IV, see. 24.) Subdivision 2 of section 426 of the Code of Civil Procedure requires that a ‘ ‘ complaint must contain ... a statement of the facts constituting the cause of action in ordinary and concise language.” The Japanese or Chinese language is not ordinary language within the meaning of that provision. (See, also, Pen. Code, sec. 950;

People

v.

Ah Sum,

92 Cal. 648, [28 Pac. 680]; 31 Cyc. 78.)

In 1 Abbott’s Trial Brief, p. 460, the author states the law as follows: “An instrument in a foreign language may be pleaded by using, instead of a copy of the original, a correct translation, alleging it to be such.”

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