Gates

Gates v. Discovery Communications, Inc.

Bad Law
2004 Cal. LEXIS 11656·2004 Daily Journal DAR 14405·21 Cal. Rptr. 3d 663·34 Cal. 4th 679·101 P.3d 552
Supreme Court of CaliforniaDecember 6, 2004S115008California3,524 words

Opinion

Opinion

Werdegar, J.

We must decide whether the producers and presenters of a television documentary program may be held liable in tort for publishing therein information they gathered from public official court records concerning a person who many years previously served a prison term for a felony conviction but who has since lived an obscure, lawful life and become a respected member of the community. The Court of Appeal concluded defendants may not be held liable under such circumstances. We affirm the judgment of the Court of Appeal.

Background

Plaintiff served a prison sentence of three years (with time off for good behavior) that was imposed after he was convicted upon pleading guilty in 1992 to being an accessory after the fact to a murder for hire that occurred in 1988. The victim was an automobile salesman who was shot and killed by hired “hitmen” at the door of his Southern California home. A prominent automobile dealer was convicted of masterminding the murder in order to deter a class action lawsuit the victim had filed against an automobile dealership owned by the dealer’s parents. Plaintiff, who was employed as the automobile dealer’s assistant manager at the time of the…

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