Pollard v. Forest Lawn Memorial Park Ass'n

McCOMB, J., pro tem. Plaintiff appeals from a judgment in favor of defendant after the trial court sustained a demurrer without leave to amend to plaintiff’s complaint, which alleged that defendants had libeled plaintiff.

The complaint alleged that the defendant Forest Lawn Memorial Park Association, Inc., had caused to be published as an advertisement in various newspapers in Los Angeles County, California, an affidavit executed and filed by defendant Ella Summers in an action pending in the Superior Court of Los Angeles County, which affidavit was as follows:

“State of California County of Los Angeles

‘11, Ella Summers, being first duly sworn, depose and say: That I am the plaintiff in that certain suit brought against Forest Lawn Memorial Park Association, Inc., Forest Lawn Cemetery Association and Forest Lawn Company, in the Superior Court of Los Angeles County; I was not only influenced to bring this suit against the Forest Lawn Companies but was paid money for the use of my name in bringing the suit and was promised more money.

“I consented to the suit being brought in my name because D'ave Malloy, a funeral Director, asked me to do it on behalf of some funeral directors who were interested in preventing the operation of a Mortuary in Forest Lawn Memorial Park; Mr. Malloy, Mr. Wood, Mr. Pollard and Mr. Kurland told me they wanted to put the Forest Lawn Mortuary out of business and I would be helping Mr. Malloy if I would sign the complaint; they also promised me that I probably would not have to testify in Court at all and that if I did have to testify all I would have to say is that my husband is buried in Forest Lawn, and that I own the Lot.

[79]“They also promised me that they would pay all expenses if I would let them use my name; I was told that other people were being paid by some funeral directors for bringing this kind of suit against the Forest Lawn Companies, and that I might as well get some of the money.

“I have spent no money on the suit and have been paid so far seventy-five dollars; the first payment of twenty-five dollars was given to me by Dave Malloy and the second payment of fifty dollars was given to me by Dave Malloy which he got from Mr. Wood in my presence; I was told that the reason the money was paid to me by Dave Malloy was so that I could say that I had not been paid anything by Wood, Pollard or the Citizens’ Betterment League; Mr. Wood told me that he was paying the money out of his own pocket but would get it back from the Citizens’ Betterment League; Mr. Wood, who I was told was the head of the Citizens’ Betterment League, recently promised to pay me ten dollars a week for me to live on while the suit was pending.