E081790
Cal. Ct. App.Jun 4, 2025Background
- Plaintiff Cha Haacke was hired to care for the elderly mother of defendant Desrie L. Pfister.
- After the mother’s death, Pfister made public statements accusing Haacke of causing the mother’s death and other disparaging comments.
- Haacke sued Pfister for slander, libel, false light (all forms of defamation), and intentional interference with prospective economic relations.
- A jury found Pfister’s statements were defamatory per se but did not cause Haacke actual injury, awarding $5,000 in presumed damages only.
- Haacke’s motion for a new trial was denied by the trial court, as no miscarriage of justice was found.
- Haacke appealed, challenging only the denial of her new trial motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror Misconduct | New trial needed due to juror misconduct | No evidence or argument below | Forfeited & no prejudice shown; no abuse of discretion |
| Verdict Against the Law | Jury misapplied burden on truth as defense | N/A | No prejudice; verdict found for plaintiff on this point |
| Attorney Misconduct/Irregular Proceedings | Defendant misconduct in closing and witness questioning | N/A | Forfeited by no objections; presumed jury followed instructions |
| Inadequate Damages | Damages awarded were legally insufficient | N/A | Forfeited; no showing evidence compelled more damages |
| Legal Error – Jury Instructions | Error giving libel per quod when only per se requested | N/A | No prejudice; jury ruled for plaintiff on per se claim |
Key Cases Cited
- Jackson v. Mayweather, 10 Cal.App.5th 1240 (claims of false light must meet same requirements as defamation)
- Haraguchi v. Superior Court, 43 Cal.4th 706 (abuse of discretion standard varies contextually)
- Jehl v. Southern Pac. Co., 66 Cal.2d 821 (broad trial court discretion on new trial for inadequate damages)
- Rayii v. Gatica, 218 Cal.App.4th 1402 (objection required for attorney misconduct claims)
- Carroll v. Commission on Teacher Credentialing, 56 Cal.App.5th 365 (jury presumed to follow instructions)