Kelly v. Franco

This is an appeal from an order of the trial court dismissing both counts of plaintiffs’ third amended complaint for failure to state a cause of action. Count I of that complaint was premised on the theory of invasion of privacy and count II on the theory of intentional infliction of severe emotional distress. On appeal plaintiffs argue that the trial court erred in dismissing counts I and II because each count of the third amended complaint alleged facts which stated a cause of action.

We affirm.

Count I of the third amended complaint alleged that plaintiff Barbara Kelly and her minor children…