Kelly v. William Morrow & Co.
California Court of Appeal
186 Cal. App. 3d 1625, 231 Cal. Rptr. 497 (1986)
- Written by Sarah Holley, JD
Facts
Police Officer Kenneth Kelly (plaintiff) was a member of a unit of San Diego police officers formed to control criminal activities in the Mexican border area. Joseph Wambaugh related the activities of these officers in the book Lines and Shadows. Following publication of the book, Kelly sued Wambaugh and publishers William Morrow & Co., Inc., Bantam Books, Inc., and Perigord Press (the publishers) (defendants) for invasion of privacy, libel, slander, and breach of contract, among others, claiming the book contained false statements and inaccuracies, and depicted him as frivolous, flippant, irresponsible, and engaged in criminal activities. The superior court sustained Wambaugh’s and the Publisher’s demurrers on the ground Kelly consented to publication of the book when he signed a personal depiction waiver granting to Wambaugh and the publishers the “right to depict and/or portray [Kelly] and such other persons to such extent and in such manner, either factually or fictionally, as [Wambaugh and the publishers] in [their] discretion and pursuant to any contract with [Kelly] may determine . . . .” Kelly appealed the order of dismissal.
Rule of Law
Issue
Holding and Reasoning (Butler, J.)
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