In Glenn v. Gibson (1946) 75 Cal.App.2d 649, the newspaper defendant was sued by the alleged operator of a house of ill repute. This after the paper had carried continuing accounts of plaintiff's arrest and prosecution. The lower court sustained a demurrer without leave to amend. The Court of Appeal affirmed and determined that the reports were privileged, notwithstanding plaintiff's complaints that the accounts contained oral statements of police officers about plaintiff's arrest before formal judicial proceedings took place, and the arrest accounts inferred plaintiff was guilty of a morals charge, when, in fact, after trial, plaintiff was only found guilty of operating a hotel without a license and was acquitted of operating a disorderly house. The Court of Appeal further noted that since the complaint disclosed the qualified privilege as a matter of law, the only determination left was the question of sufficient showing of factual allegations of malice in the complaint.