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Vescovo v. New Way Enterprises

60 Cal. App. 3d 582 (1976)

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Vescovo v. New Way Enterprises

California Court of Appeal
60 Cal. App. 3d 582 (1976)

MJ

Facts

Norma Jean Vescovo, her husband, Albert Vescovo, and their daughter, Frankie Renee Vescovo (the family) (plaintiffs) lived together in California. The Los Angeles Free Press (the newspaper) (defendant) published an advertisement that used Norma’s name, was sexually explicit, and listed the family’s address. Neither Norma nor anyone acting on her behalf consented to the publication of the advertisement. After the newspaper published the advertisement, the family received numerous letters soliciting sexual acts. More than 100 people also wrongfully entered the family’s property without consent. The family sued for, among other things, invasion of privacy. The complaint included claims solely on behalf of Frankie. Specifically, the complaint claimed that Frankie was harassed by the individuals coming into the home and was subjected to ridicule by friends and neighbors, which caused her damage. The newspaper moved to dismiss, which the court denied except as to Frankie’s invasion-of-privacy claims. The trial court reasoned that Frankie had no relational privacy rights in her mother’s right to privacy. The family appealed.

Rule of Law

Issue

Holding and Reasoning (Ashby, J.)

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