Montandon v. Triangle Publications, Inc.

Opinion

BRAY, J. *

Defendant appeals from judgment of the San Francisco Superior Court after a jury verdict in favor of plaintiff.

Questions Presented

1. The article was libelous.

2. There was proof of malice.

3. Civil Code section 48a does not apply to magazines.

Record

Plaintiff filed an action against defendant Triangle Publication, Inc. (hereinafter “Triangle”), the owner and publisher of TV Guide for libel by reason of an insertion hereinafter described appearing in that publication of September 14, 1968.

Defendant answered denying liability and setting up certain affirmative defenses. A first…