Opinion
NO. CIV. S-07-1790 LKK/EFB.
July 13, 2010
ORDER
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.
IT IS SO ORDERED.