This section contains the nature of the case and procedural background.

P is a well-known motion picture actor. D publishes a weekly newspaper known as the 'National Enquirer,' which enjoys wide circulation and is read by a great number of people. In its April 13, 1982, edition, D published a 600-word article about Eastwood's romantic involvement with two other celebrities, singer Tanya Tucker and actress Sondra Locke. On the cover of this edition appeared the pictures of P and Tucker above the caption 'Clint Eastwood in Love Triangle with Tanya Tucker.' P alleged that the article was false in its entirety from P being smitten to spending 10 fun-filled romantic evenings together in each other's arms; publicly 'cuddled' and publicly gazed romantically at one another; and publicly kissed and hugged. D stated that P is torn between Locke and Tucker and that the two are dueling over him. D even stated that after an intense fight with P, Locke camped at his doorstep and, while on hands and knees, begged Eastwood to 'keep her', vowing that she wouldn't pressure him into marriage; but that Eastwood acted oblivious to her pleas. P alleged malicious and willful publication with the intent to injure and disgrace P, either knowing that the statements therein contained were false or with reckless disregard of . . . their . . . falsity. D used P's name and photograph without his consent or permission. P alleges that he has suffered mental anguish and emotional distress and seeks both compensatory and punitive damages. In the second cause, P alleges that the telecast advertisements as well as the cover of the April 13 publication were calculated to promote the sales of D. Eastwood asserts that the unauthorized use of his name and photograph has damaged him in his right to control the commercial exploitation of his name, photograph, and likeness, in addition to injuring his feelings and privacy. P seeks damages under both the common law and Civil Code section 3344. D demurred to the second cause of action for invasion of privacy through appropriation of name, photograph, and likeness. It pled that P's name and photograph were not used to imply an endorsement of D; and (2) P's name and photograph were used in connection with a news account. The court sustained D’s general demurrer. P appealed.

The legal issues presented in this case will be displayed here.

The applicable rule of law for this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.