Hearing re: Demurrer on Complaint for Other
Non-Personal Injury/Property
Damage/Wrongful Death Tort (Over
$25,000) of STEPHEN VALBUENA by
VALBUENA vs OVERTO
CVPS2200698
WILLIAM OVERTON, TOSCANA
HOMEOWNERS ASSOCIATION, A
CALIFORNIA NONPROFIT MUTUAL
BENEFIT CORPORATION
Tentative Ruling:
Sustained, with leave to amend as to 1st, 3rd, and 4th causes of action (COA) within
20-days of this ruling.
Overruled as to demurrer on 2nd COA.
1st COA (defamation) - Defamation consists of libel or slander, the former related to written
defamatory statements and the latter concerning oral defamatory statements. (Civ. Code, § 45.) “Libel
is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation
to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him
to be shunned or avoided, or which has a tendency to injure him in his occupation.” (Civil Code §45.)
Libel per se is where it “is defamatory of the plaintiff wit