KOVR-TV, Inc. v. Superior Court

Petitioners KOVR-TV, Inc., and Mark Saxenmeyer, defendants in the underlying action, seek a writ of mandate directing respondent superior court to vacate its denial of their motion for summary judgment and to grant the motion. We issued an alternative writ and stayed proceedings in the superior court. After further review of the evidence offered in the summary judgment proceedings, we conclude the trial court properly denied defendants’ motion for summary judgment. Accordingly, we shall discharge the alternative writ, deny the petition and vacate the stay.

The underlying action was commenced in respondent superior court by Amanda (Mandy) Mehrkens, through her mother, Kim Mehrkens, as guardian ad litem, and by Jennifer and Amanda Whittle, through their father, John Whittle, as guardian ad litem, and by John Whittle, Alice Whittle (the mother of Jennifer and Amanda) and Kim Mehrkens as plaintiffs in their own right. The first amended complaint contains four counts. The first three allege defendants (1) intentionally and (2) negligently inflicted emotional distress upon the minor plaintiffs and (3) invaded their privacy. The fourth count alleges defendants negligently…