Bernson v. Browning-Ferris Industries of California, Inc.

Opinion

ARABIAN, J.

May the authors of an allegedly defamatory writing who conceal their identities be equitably estopped from pleading the statute of limitations in a libel action? We conclude that equitable considerations may justify an estoppel where the libeled individual neither knew, nor through the exercise of reasonable diligence should have discovered, the identity of the authors. In light of our conclusion, we shall remand the matter for a determination of the question of plaintiff’s diligence and related issues.

I. Facts

The trial court in this matter sustained a demurrer and granted a…