“The public disclosure form of invasion of privacy ‘involves the publication by defendant of non-newsworthy intimate details of plaintiff’s private life.’ The purpose of the tort is ‘to allow a person to control the kind of information about himself made available to the public—in essence, to define his public persona.’ The elements of the claim are ‘(1) public disclosure (2) of a private fact (3) which would be offensive and objectionable to the reasonable person and (4) which is not of legitimate public concern.’
The statute of limitations on a common law ‘public disclosure’ 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.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
