Kelly

Appeal by plaintiffs from a judgment entered on an order sustaining defendant’s general demurrer to the complaint without leave to amend. The question is: Does the complaint state facts sufficient to constitute a cause of action for wrongful invasion of the right of privacy or for libel?

The complaint alleges:

Plaintiffs first contend the complaint states facts sufficient to constitute a cause of action for wrongful invasion of the right of privacy.

The right of privacy is a purely personal one. (Prosser on Torts, 2d ed., 641, § 97; Mau v. Rio Grande Oil, Inc., 28 F.Supp. 845, 846 .) “A right of action for violation of one’s right of privacy being purely a personal one, appellant must allege and prove an invasion of his own right of privacy before he can recover.” (Metter v. Los Angeles Examiner, 35 Cal.App.2d 304, 310 [ 95 P.2d 491 ].)

The gist of the cause of action in a privacy case is not injury to the character or reputation but a direct wrong of a personal character resulting in injury to the feelings without regard to any effect which the publication may have on the property, business, pecuniary interest, or the standing of the individual in the community. (Reed v. Real…