Alim

A reporter, an editor, and a publisher seek a writ of mandate to compel summary judgment in their favor in an action for invasion of privacy for publishing a newspaper article. The article disclosed that plaintiff, Walter Atlee, then Chief Deputy Director of the California Department of Veterans Affairs, was accused by the United States Veterans Administration (VA) of wrongful receipt of overpayments of his veterans disability stipend. The newspaper defendants moved for summary judgment claiming the publication is not actionable under constitutional precepts of freedom of the press. The trial court found plaintiff could not prove malice under the New York Times doctrine (New York Times Co. v. Sullivan (1964) 376 U.S. 254 [ 11 L.Ed.2d 686 , 84 S.Ct. 710 ]) but denied summary judgment as to one count of the complaint which alleges an invasion of privacy predicated upon Civil Code section 1798.53, on the ground that the constitutional doctrine did not apply to it. We issued the alternative writ and will grant the defendants the relief they request.

Facts and Procedural Background

The article was printed in the Sacramento Bee on January 10, 1983. In sum it says that for…