“[T]he action for intrusion has two elements:
(1) intrusion into a private place, conversation or matter,
(2) in a manner highly offensive to a reasonable person.”
Shulman v. Group W Productions, 18 Cal. 4th 200, 231 (1998) (following Rest.2d Torts, § 652B).
“To prove actionable intrusion, the plaintiff must show the defendant penetrated some zone of physical or sensory privacy surrounding, or obtained unwanted access to data about, the plaintiff. The tort is proven only if the plaintiff had an objectively reasonable expectation of seclusion or solitude in the place, conversation or data source.” Id.
“[A]ll the circumstances of an intrusion, including the motives or justification of the intruder, are pertinent to the offensiveness element.” Id. at 236.
CALIFORNIA STATE COURTS
Supreme Court of California: Hernandez v. Hillsides, Inc., 47 Cal. 4th 272, 286 (2009[MMD1]); Shulman v. Group W Productions, 18 Cal. 4th 200, 231 (1998).
California 1st Distirct: Fibreboard Corp. v. Hartford Accident & Indemnity Co., 16 Cal. App. 4th 492, 514 (1993).
California 2d Distirct: Folgelstrom v. Lamps Plus, Inc., 195 Cal. App. 4th 986, 992 (2011); Miller v. National Broadcasting Co[MMD2] ., 187 Cal. App. 3d 1463, 1482 (1986).
California 3d District: Sacramento County Deputy Sheriffs’ Assn. v. County of Sacramento, 51 Cal. App. 4th 1468, 1487 (1996)
California 4thDistrict: Catsouras v. Department of California Highway Patrol, 181 Cal. App. 4th 856, 900 (2010).
California 5th District: None.
California 6th District: Spinks v. Equity Residential Briarwood Apartments, 171 Cal. App. 4th 1004, 1044 (2009).
CALIFORNIA FEDERAL COURTS
United States Court of Appeal for the 9th Circuit: Medical Lab. Mgmt. Consultants v. ABC, 306 F.3d 806, 812-13 (9th Cir. 2002).
Central District: Kleiman v. Equable Ascent, No. CV 12-9729 CAS (AJWx), 2013 U.S. Dist. LEXIS 1002, at *8 (C.D. Cal. Jan. 3, 2013).
Eastern District: Quinlan v. Citimortgage, Inc., No. 2:11-cv-00986-MCE-EFB, 2013 U.S. Dist. LEXIS 92218, at *5-6 (E.D. Cal. July 1, 2013).
Northern District: Yunker v. Pandora Media, Inc., No. 11-CV-03113 JSW, 2013 U.S. Dist. LEXIS 42691, at *44 (N.D. Cal. Mar. 26, 2013).
Southern District: Hammerlord v. Wang, No. 11cv1572-WQH-DHB, 2013 U.S. Dist. LEXIS 53665, at *10-11 (S.D. Cal. Apr. 15, 2013).