Warner v. Pacific Telephone & Telegraph Co.

SHINN, P. J.

The complaint herein alleges the following : Pacific Telephone & Telegraph Company, Inc., defendant and respondent herein, publishes in its Central Section of the Los Angeles Extended Area telephone directory, the following: “Warner, Caryl atty, 639 S Spring—• TUkr 9171 Woodland Hills Office, 21042 Rios—DIamnd 85761”; immediately below, “Warner, Caryl Mrs. 1600 Westrly Ter — NOrmndy 22011”; and below that, “Warner Caryl Mrs. Warner Caryl atty 21042 Rios Wdlnd Hills — DIamnd 85761.” The “Mrs. Caryl Warner” first listed is the divorced wife of Caryl Warner, an attorney; plaintiff, the other Mrs. Caryl Warner listed as having the same address and telephone number as Mr. Warner, is his present wife. The maiden name of the first Mrs. Warner was Jeanne Paula deKolty, and her final decree of divorce from Mr. Warner was entered September 24, 1950. Plaintiff, Barbara Ruth, married Mr. Warner September 28, 1950. In the November, 1949, issue of the telephone directory Jeanne was listed as “Warner, Jeanne re 1600 Westerley Ter NOrmandy 22011” and also as “Warner, Caryl Mrs.” with the same address and telephone number. These listings were continued in several editions and in the June, 1952, edition the listings appeared as first herein set forth. Mr. Warner and the present Mrs. Warner from time to time have objected to the listing of Jeanne Warner as “Mrs. Caryl Warner,” but the defendant company has refused and still refuses to delete or change the listing, j

In five separate causes of action plaintiff seeks damages from the defendant.

It is alleged in the first cause of action that Jeanne Warner intentionally maintains the several listings for the purpose

[499]

of hurting plaintiff and to publicly boast wifehood to Caryl Warner for the purpose of establishing a common reputation in the community that she and not plaintiff is the wife of Caryl Warner; that the company is knowingly aiding and abetting her in said purposes; that by reason thereof plaintiff has suffered emotional distress, humiliation, fear, vexation, annoyance, scorn and ridicule as to her marital status, rendering her sick, with recurrent asthma attacks, to her damage in the sum of $10,000. The second cause of action pleads ownership of the title “Mrs. Caryl Warner” and that the aforesaid actions have resulted in injuring and diminishing the prestige and dignity of the title. The third cause of action alleges that plaintiff’s name has acquired a secondary meaning by reason of the professional and social standing of Caryl Warner, the prestige and dignity of which are being depreciated. The fourth cause of action pleads an invasion of privacy in that the actions aforesaid depict plaintiff as a party to a bigamous marriage. The fifth cause of action alleges that the defendant company knew, or in the exercise of ordinary care would have known, that its action would subject plaintiff to the harm which she, allegedly, has suffered. Exemplary damages also are sought. Without elaborating upon the allegations of the complaint it may be said that the facts alleged are sufficient to entitle plaintiff to relief consisting of the prevention of the use by Jeanne Warner of the name “Mrs. Caryl Warner,” in defendant’s directory or otherwise, should it be judicially established that plaintiff is the sole owner of the name in question, and that its use by Jeanne Warner is causing plaintiff detriment and damage as alleged.