Grimes

The question to be determined on this appeal is whether a plaintiff may escape the necessity of filing the undertaking required by section 830 of the Code of Civil Procedure in an action based on the classical elements of slander by claiming that the damages sought arise wholly from an invasion of plaintiff’s privacy or because of her consequent emotional distress. The judgment of dismissal was preceded by an order sustaining a general demurrer to the amended complaint without leave to amend and granting a motion to dismiss because of a failure to post the required bond.

We have reached the conclusion that, in the circumstances shown by the record, it was essential that plaintiff file such an undertaking in the sum of $500, and that because of her failure to do so and her formal written statement that she -would not, the trial court was correct in its ruling and its dismissal of the action.

The plaintiff, Betty Grimes, sets up her claim against the defendant in four causes of action. The amended pleading is entitled “First Amended Complaint for Damages for Invasion of Privacy, Intentional Causing of Mental, Emotional and Physical Distress and Attempt to Influence Plaintiff from…