Section 425

Citation: Section 425
Parent Document: Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011)
Jurisdiction: California (state)
Effective Date: 2011-06-27
Original Source: https://www.courtlistener.com/opinion/5810370/wallace-v-mccubbin/ ↗

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The Court of Appeal held, inter alia, that the plaintiff failed to demonstrate a probability of prevailing on negligent infliction of emotional distress and failed to demonstrate a probability of prevailing as to some, but not all, of the acts allegedly supporting liability under theories of invasion of privacy and defamation. (Taus, supra, 40 Cal.4th at pp. 704-709.) The Court of Appeal ruled that the lawsuit could go forward on theories of invasion of privacy (more specifically, improper disclosure of private facts and improper intrusion into private matters) and defamation, based on some of the defendants’ alleged acts, but not as to other alleged acts. (Id. at p. 711.)

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