Times-Mirror Co. v. Superior Court

I dissent. With all deference to my colleagues, the majority opinion simply does not address the critical issue in this case—the First Amendment immunity to which the Times and Chance are entitled. As I read the record, the facts supporting immunity are not disputed, immunity is established and the Times and Chance are entitled to dismissal of the complaint. The majority discussion of elements of the invasion of privacy tort and its findings of triable issues of fact are irrelevant.

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The tort of invasion of privacy arising out of the publication of a private fact has these elements—a private fact, a public disclosure of the private fact and the matter so disclosed is offensive and objectionable to a reasonable person of ordinary sensibilities. (Forsher v. Bugliosi (1980) 26 Cal.3d 792, 808-809 [ 163 Cal.Rptr. 628 , 608 P.2d 716 ].) The tort involves First Amendment concerns and the publisher is protected from liability if the published matter is newsworthy and does not reveal factors so offensive as to shock community notions of decency. (Briscoe v. Reader's Digest Association, Inc. (1971) 4 Cal.3d 529, 535, 541 [ 93 Cal.Rptr. 866 , 483 P.2d 34 , 57 A.L.R.3d 1 ]; Kapellas…

The Times-Mirror Company, publisher of the Los Angeles Times (Times), and Amy Rinard Chance (Chance) petition for writs of mandamus, prohibition, and review after the court denied their summary judgment motion. The Times published Jane Doe’s (Doe) real name after she discovered her roommate’s body and confronted the suspected murderer. We issued an order to show cause. We deny the petition.

Factual and Procedural Background

Shortly after midnight on July 13, 1981, Doe returned to her apartment to find the dead, nude body of her roommate, Rose Rende (Rende) lying on the floor. Rende had been raped, beaten and strangled. Doe looked up to confront a man. She then fled the apartment and found a police officer.

Doe provided a description of the man to the police. The police withheld her identity from the public for her protection and to further their investigation. A deputy coroner investigated and prepared a “call memorandum” stating Doe had identified the victim.

Chance, a summer intern at the San Diego office of the Times, heard a radio broadcast concerning Rende’s death. Chance says she called the coro *1424 ner’s office and obtained details of Rende’s murder from an…

Monaghan & Metz, Brian D. Monaghan, Procopio, Cory, Hargreaves & Savitch and David A. Niddrie for Real Party in Interest.

OPINION

WIENER, J.

The Times-Mirror Company, publisher of the Los Angeles Times (Times), and Amy Rinard Chance (Chance) petition for writs of mandamus, prohibition, and review after the court denied their summary judgment motion. The Times published Jane Doe's (Doe) real name after she discovered her roommate's body and confronted the suspected murderer. We issued an order to show cause. We deny the petition.

Shortly after midnight on July 13, 1981, Doe returned to her apartment to find the dead, nude body of her roommate, Rose Rende (Rende) lying on the floor. Rende had been raped, beaten and strangled. Doe looked up to confront a man. She then fled the apartment and found a police officer.

Doe provided a description of the man to the police. The police withheld her identity from the public for her protection and to further their investigation. A deputy coroner investigated and prepared a "call memorandum" stating Doe had identified the victim.

Chance, a summer intern at the San Diego office of the Times, heard a radio broadcast concerning Rende's death.…