Kurata v. Los Angeles News Publishing Co.

WHITE, J., pro tem. Plaintiff brought this action to recover damages for certain alleged libelous matters published of and concerning her in “Los Angeles Japanese Daily News”, also known as Rafu Shimpo, a newspaper published in the Japanese language and owned by the corporate defendant Los Angeles News Publishing Company. The defendant Komai is the publisher of the paper.

The case proceeded to trial before a jury and the verdict awarded plaintiff compensatory damages in the sum of $6,000 and exemplary damages in the sum of $1500 against both defendants. The judgment followed the verdict.

On motion for a new trial the court below made its order granting a new trial unless plaintiff would consent to and accept a judgment for $3,500 compensatory damages and no exemplary damages. Plaintiff filed her consent to the remission of damages in accordance with the court’s order. From the judgment as finally entered defendants prosecute this appeal.

The record discloses that on November 13, 1928, there was filed in the Superior Court of Los Angeles County by the husband of respondent herein a verified complaint against the minor son of respondent, which complaint alleges that the plaintiff was not the father of a son born to his wife four months after their marriage. The complaint alleges facts in legal phraseology practically what was printed in the paper except the comment regarding the complication of circumstances. The prayer for relief is as follows: “Wherefore, plaintiff prays that by decree of this Honorable Court it be declared and adjudged and decreed: First: That the relation of parent and child does not exist between this plainr tiff and the said defendant Frederick Kurata, and that this plaintiff is not the father of said Frederick Kurata is not the child of this plaintiff. Second: That said decree provides that upon the filing of a certified copy thereof in the office or offices where the certificate of birth of said Frederick Kurata is filed, that said certificate of birth of said Frederick Kurata be corrected by striking therefrom the name of this plaintiff as the father of said child. Third: [226]For such other and further relief and order and declaration in the premises as the court may deem meet and just. Fourth: For costs of this action.”

The news of the filing of such complaint in the “Los Angeles Japanese Daily News”, also known as Rafu Shimpo, being a newspaper published in the city of Los Angeles, on or about the sixteenth day of November, 1928, was in the following language: “It is Said that the Child Who Was Born Was a Souvenir. A Lawsuit to Deny the Child. It is too soon for a Premature Birth. Birth in Four Months after the Marriage. Under the date of 13th, Mr. Choichi Kurata filed a very unusual suit in the superior court of this county against Frederick Kurata, the child, to deny the parental relations.