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“Common law tort liability for invasion of privacy arises from four distinct kinds of activities: public disclosure of private facts, publicity placing a person in a false light, appropriation of a person’s name or likeness, and intrusion into private matters. A privacy violation based on the common law tort of intrusion has been described as ‘the right to be let alone.’ This tort has two distinct elements: the defendant must intentionally intrude into a place, conversation or matter as to which the plaintiff has a reasonable expectation of privacy; and the intrusion must occur in a manner highly offensive to a reasonable person. . . The statute of limitations on a common law ‘intrusion claim is two years. Plaintiff may recover for all damages proximately caused by defendant’s wrongful acts without a showing of special damages. Punitive damages may be awarded where defendant is guilty of oppression, fraud or malice, proven by clear and convincing evidence. A plaintiff may seek an injunction to halt a claimed violation of the plaintiff’s right to privacy.”

[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]

Post Author: lawofficesofjamesrdickinson