Franceschi

Ernest J. Franceschi, Jr. (Franceschi), petitioned the superior court for a writ directing the then-serving members of the Franchise Tax Board (FTB)—Betty Yee, Jerome E. Horton and Michael Cohen, sued in their official capacities only—to cease publishing his name on the FTB’s list of the state’s “Top 500” income tax debtors (the List). In his petition, Franceschi argued that publication of his name on the List violates his right to privacy. The FTB’s members demurred to the petition, arguing in the main that (1) Franceschi could not state a legally viable cause of action because publication of his name on the List did not violate his privacy rights and (2) even if he could state a viable privacy claim, the doctrine of res judicata barred his petition—Franceschi had previously sought redress in federal court for having his name placed on the List, but the district court dismissed the action with prejudice for failure to state a claim. The trial court agreed on both grounds and sustained the demurrer. As Franceschi did not seek leave to amend his petition, the trial court dismissed the action with prejudice. In addition, because it found the action to be “frivolous and…