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Raghavan v. Boeing Co.10/31/2005
nts are true and that his statements, Dr. Raghavan's statements in the . . . presentation, were untrue regarding the status of the industrial offsets."
The jury returned a verdict in favor of BSS. Judgment was duly entered. Raghavan appealed.
II. DISCUSSION
Raghavan challenges the summary adjudication order on the merits. He also contends the trial court erred by instructing the jury that the accusations in the written reprimand were true. Finally, he argues the trial court committed procedural errors in hearing the summary adjudication motion.
In the published portion of this opinion, we address Raghavan's contentions that the trial court improperly granted summary adjudication on the defamation cause of action and that the jury should not have been instructed that the accusations in the reprimand were true. Raghavan's remaining contentions are discussed in the nonpublished portion of the opinion.
A. Summary Adjudication
A motion for summary judgment must be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (ยง 437c, subd. (c).)
"`A defendant seeking summary judgment has met the burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established [or that there is a complete defense to that cause of action]. . . . In reviewing the propriety of a summary judgment, the appellate court independently reviews the record that was before the trial court. . . . We must determine whether the facts as shown by the parties give rise to a triable issue of material fact. . . . he moving party's affidavits are strictly construed while those of the opposing party are liberally construed.' . . . We accept as undisputed facts only those portions of the moving party's evidence that are not contradicted by the opposing party's evidence." (Jackson v. County of Los Angeles, supra, 60 Cal.App.4th at pp. 178-179, citations omitted.)
" he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact. . . .
" ow the parties moving for, and opposing, summary judgment may each carry their burden of . . . production depends on which would bear what burden of proof at trial." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851, italics in original.) The same principles apply to motions for summary adjudication. (See Lomes v. Hartford Financial Services Group, Inc., supra, 88 Cal.App.4th at p. 131.)
1. Defamation
"Defamation is an invasion of the interest in reputation. The tort involves the intentional publication of a statement of fact that is false, unprivileged, and has a natural tendency to injure or which causes special damage. . . . Publication means communication to some third person who understands the defamatory meaning of the statement and its application to the person to whom reference is made. Publication need not be to the `public' at large; communication to a single individual is sufficient." (Smith v. Maldonado (1999) 72 Cal.App.4th 637, 645, citations and fn. omitted.)
"In all cases of alleged defamation, whether libel or slander, the truth of the offensive statements or communication is a complete defense against civil liability, regardless of ba
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