Rascoe-Gabriele v. Doral Palm Springs Resort
Plaintiff appeals the summary judgment granted in favor of defendants, the two individual defendants being employees of Doral Resort. The trial court granted summary judgment in favor of defendants as to all causes of action based on the conditional common interest privilege set forth in Civil Code section 47, subdivision (c).
Plaintiff argues the privilege never arose because there was no common interest and because statements attributable to defendants were made maliciously and with a complete disregard of the truth. Court concluded defendants established the alleged defamatory statements were made on a privileged occasion, and plaintiff did not meet her burden of producing evidence from which a reasonable jury could infer malice. Court therefore affirmed the judgment. Court also disposed summarily of plaintiff’s contentions relying on an unalleged ostensible agency and attacking an additional ground of the summary judgment.
Comments on Rascoe-Gabriele v. Doral Palm Springs Resort