Legal Opinion

Mosesian v. McClatchy Newspapers

California Court of Appeal

Decided September 13, 1991No. F013144PublishedCited by 10 opinions

1Opinion of the Court

Opinion

FRANSON, J. *

Statement of the Case

This is the second appeal from a summary judgment in plaintiff Paul S. Mosesian’s defamation action against defendants McClatchy Newspapers, Frank McCulloch, Denny Walsh, Jerry Bier and James McClung. In Mosesian v. McClatchy Newspapers (1988) 205 Cal.App.3d 597 [252 Cal.Rptr. 586] (Mosesian I) this court addressed the question of whether plaintiff was a “public official” as a matter of law and would therefore have to prove actual malice to recover damages from defendant. We held plaintiff was not a public official as a matter of law; however, we did…

2Cases cited22 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  3. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  4. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
  5. First Nat. Bank of Boston v. BellottiSupreme Court of the United States · 1978

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3Cited by10 opinions

  1. Kashian v. HarrimanCalifornia Court of Appeal · 2002
  2. Savage v. Pacific Gas & Electric Co.California Court of Appeal · 1993
  3. Hinerman v. Daily Gazette Co., Inc.West Virginia Supreme Court · 1992
  4. Denney v. LawrenceCalifornia Court of Appeal · 1994
  5. Medure v. Vindicator Printing Co.District Court, W.D. Pennsylvania · 2002

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