Legal Opinion · Concurring in part, dissenting in part

Arnold G. Dorsey, A.K.A. Engelbert Humperdinck v. National Enquirer, Inc.

Court of Appeals for the Ninth Circuit

Decided December 11, 1991No. 90-55017, 90-55344Published

1Concurring in part, dissenting in partPregerson, Circuit Judge

I agree with the majority’s view that there is no merit to Dorsey’s argument that California Civil Code § 47(4) does not apply to family court proceedings from which the general public is excluded.

But I disagree with the majority’s view that in the circumstances of this case the “fair and true” issue is one of law which a court can decide on summary judgment.

We all recognize certain basic rules governing summary judgment. District courts may properly grant summary judgment where “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter…

2Cases cited11 opinions

Masson v. New Yorker Magazine, Inc.Supreme Court of the United States · 1991
Florida Star v. B. J. F.Supreme Court of the United States · 1989
Betty Sankovich v. The Life Insurance Company of North America and Credit Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1981
Brown & Williamson Tobacco Corporation v. Walter Jacobson and Cbs, Inc.Court of Appeals for the Seventh Circuit · 1983
Kilgore v. YoungerCalifornia Supreme Court · 1982

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