TENTATIVE RULING: Defendant’s Demurrer to FAC
Defendant Emma Pridmore demurs to the 1st – 2nd and 4th – 7th causes of action in the First Amended Complaint filed on 11/20/18 by Plaintiff Freeman Matthew Butland.
A. 1st COA: Public Disclosure of Private Facts
OVERRULED.
“Three required elements of the cause of action for public disclosure of private facts may be discerned from decisions of our courts. First, the disclosure of private facts must be a public disclosure. Second, the facts disclosed must be private facts, and not public ones. Third, the matter made public must be one which would be offensive and objectionable to a reasonable [person] of ordinary sensibilities.” (Forsher v. Bugilosi (1980) 26 Cal.3d 792, 808-809.)
Plaintiff adequately alleges that Emma Pridmore published private facts on a website operated by Joel and Donald Duran, depicting Plaintiff as gay and engaging in explicit gay sex. (FAC at ¶¶ 4-6.) This appears to be sufficient to establish a claim for public discl
Hearing Date
January 09, 2019
For full print and download access, please subscribe at https://www.trellis.law/.
TENTATIVE RULING: Defendant’s Demurrer to FAC
Defendant Emma Pridmore demurs to the 1st – 2nd and 4th – 7th causes of action in the First Amended Complaint filed on 11/20/18 by Plaintiff Freeman Matthew Butland.
A. 1st COA: Public Disclosure of Private Facts
OVERRULED.
“Three required elements of the cause of action for public disclosure of private facts may be discerned from decisions of our courts. First, the disclosure of private facts must be a public disclosure. Second, the facts disclosed must be private facts, and not public ones. Third, the matter made public must be one which would be offensive and objectionable to a reasonable [person] of ordinary sensibilities.” (Forsher v. Bugilosi (1980) 26 Cal.3d 792, 808-809.)
Plaintiff adequately alleges that Emma Pridmore published private facts on a website operated by Joel and Donald Duran, depicting Plaintiff as gay and engaging in explicit gay sex. (FAC at ¶¶ 4-6.) This appears to be sufficient to establish a claim for public discl