Dawe v. Corrections USA et al

Filing 385

ORDER signed by Senior Judge Lawrence K. Karlton on 7/13/10: On June 21, 2010, the court heard numerous motions in limine. Defendants raised a question as to what evidence may be properly considered to prove malice under the California privileges in defamation. This question must be resolved to prepare jury instructions for trial. The court is inclined to adopt the standard. of proof of malice set forth in Lytel v. Simpson, No. 05-01937-FJ, 2006 WL 2263943 (N.D. Cal. Aug. 8, 2006). For this reason, the court refers the parties to this opinion. They are encouraged to discuss whether application of this case is proper in their trial briefs. No additional briefing is requested. (Carlos, K)

Dawe v. Corrections USA, et al

Doc. 385

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BRIAN DAWE; FLAT IRON MOUNTAIN ASSOCIATES, LLC, formerly known as FLAT IRON MOUNTAIN ASSOCIATES, a Partnership, NO. CIV. S-07-1790 LKK/EFB Plaintiffs, v. ORDER CORRECTIONS USA, a California Corporation; CALIFORNIA CORRECTIONAL PEACE OFFICERS' ASSOCIATION, a California Corporation; JAMES BAIARDI, an individual; DONALD JOSEPH BAUMANN, an individual, Defendants. / AND CONSOLIDATED ACTIONS & RELATED COUNTERCLAIMS / On June 21, 2010, the court heard numerous motions in limine. Defendants raised a question as to what evidence may be properly considered to prove malice under the California privileges in defamation. This question must be resolved to prepare jury

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instructions for trial. The court is inclined to adopt the standard 1
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of proof of malice set forth in Lytel v. Simpson, No. 05-01937-FJ, 2006 WL 2263943 (N.D. Cal. Aug. 8, 2006). For this reason, the court refers the parties to this opinion. They are encouraged to discuss whether application of this case is proper in their trial briefs. No additional briefing is requested. IT IS SO ORDERED. DATED: July 13, 2010.

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