Kahn v. Bower

232 Cal. App. 3d 1599, 284 Cal. Rptr. 244 (1991)

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Kahn v. Bower

California Court of Appeal
232 Cal. App. 3d 1599, 284 Cal. Rptr. 244 (1991)

SH

Facts

Marilyn Kahn (plaintiff) was a child welfare worker employed by the Alameda County Social Services Agency. Rosemary Bower (defendant) was the director of a facility that provided counseling and psychological testing for children. Bower sent a letter to Kahn’s supervisor accusing Kahn of being incompetent. In the letter, Bower explained that Kahn had misstated the recommendations made by Bower’s facility about a child in foster care and had unilaterally removed the child from a foster home and returned the child to her home state of Alaska. Kahn filed suit against Bower for defamation, but Kahn did not plead knowing or reckless falsehood. Bower filed a motion for judgment on the pleadings and argued that Kahn was a public figure and to succeed in her claims, Kahn would have to prove knowing or reckless falsehood. The court held that Kahn was a public official and therefore required to plead knowing and reckless falsehood. The court granted Bower’s motion for judgment on the pleadings. Kahn appealed.

Rule of Law

Issue

Holding and Reasoning (Kline, J.)

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