Plaintiff police officer appealed a decision

Plaintiff police officer appealed a decision of a decision of the Superior Court of San Diego County (California), which dismissed plaintiff’s action seeking damages against defendants, an author, book publishers, and audio-cassette tape distributor, for invasion of privacy, libel, slander, breach of contract, fraud, and negligent infliction of emotional distress.

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Overview

Following defendants’, author, book publishers, and audio-cassette tape distributor, publication of an account of police officers on a border force, plaintiff police officer sought damages for invasion of privacy, libel, slander, breach of contract, fraud, and negligent infliction of emotional distress. The trial court sustained without leave to amend defendants’ demurrers and dismissed the action. On appeal, the court stated that the issue was whether plaintiff consented to the publication of the claimed offensive material. The court held that the demurrer to the breach of contract was correctly sustained. The use in the waiver of the words “simulate,” “depict,” and “portray” compelled the conclusion that plaintiff consented to publication of a mixed bag of fact and fiction. Further, the court stated that the request to publish defamatory matter gave rise to an absolute privilege and constituted a complete defense in libel and slander cases. The extent of privileges conferred by the waiver had to be determined in light of circumstances in which it was executed. The court affirmed the contract cause of action judgment but reversed the judgment on all other causes of action.

Outcome

The court affirmed the trial court’s judgment entered on plaintiff police officers’ contract cause of action, reversed trial court’s judgment on all other causes of action, and instructed trial court to overrule the demurrers and give defendants 30 days to answer or otherwise plead. The extent of the privileges conferred by a publication waiver signed by plaintiff had to be determined in light of the circumstances in which it was executed.