What is the test for offensiveness in a common law invasion of privacy claim?
MultiRegion, United States of America
The following excerpt is from Ash v. Bank of Am. N.A, No. 2:10-cv-02821-KJM-KJN (E.D. Cal. 2014):
As to the second element, the determination of offensiveness depends on a case-by-case analysis, and each case must be decided on its own facts. Relevant factors include: (a) "the degree and setting of the intrusion" and (b) "the intruder's motives and objectives." Id. Finally, voluntary consent is a defense to a common law invasion of privacy claim. Hill v. Nat'l Collegiate Athletic Ass'n., 7 Cal. 4th 1, 26 (1994).
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