Semeil v. Nelson CA3

Filed 3/22/21 Semeil v. Nelson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ----

GEORGE SEMEIL, C090242

Plaintiff and Appellant, (Super. Ct. No. PC20160078)

v.

MILES NELSON et al.,

Defendants and Respondents.

George Semeil filed a complaint against Dog Ear Publishing, LLC (Dog Ear), Miles Nelson, Ray Robinson, Alan Harris, and Ralph Sanders for public disclosure of private facts related to the publication of an e-mail Semeil sent to Nelson. After sustaining a demurrer to Semeil’s first amended complaint with leave to amend, the trial court sustained a demurrer to Semeil’s second amended complaint without leave to amend. On appeal, Semeil argues he pleaded sufficient facts to state a cause of action. We affirm the judgment.

1

BACKGROUND According to Semeil’s original complaint, Nelson, Robinson, and Harris are owners of the publishing company Dog Ear.1 In January 2015, Semeil sent an e-mail to Nelson regarding Sanders, who had previously published books with Dog Ear. The e- mail contained Semeil’s personal e-mail address, stated the contents of the e-mail were only intended for Nelson, and included a notice stating: “Any unauthorized use, disclosure or distribution to [Sanders] and his representatives or associates is hereby prohibited.” Nelson, Robinson, and Harris gave Semeil’s e-mail to Sanders. Sanders then posted Semeil’s e-mail on a public website. Semeil sent Nelson, Robinson, and Harris additional communications, with the same confidentiality notice, demanding an explanation and threatening litigation. After receiving no responses, Semeil filed an unlimited civil complaint in El Dorado County in February 2016. Semeil’s original complaint asserted one cause of action for “Public Disclosure of Private Facts.” Semeil alleged Dog Ear, Nelson, Robinson, Harris, and Sanders “publicized private information concerning” Semeil and that a reasonable person “would consider the publicity highly offensive.” Though the website eventually redacted Semeil’s personal e-mail address, the harm was “already done.”2 Semeil filed a first amended complaint in March 2016. Dog Ear, Nelson, Robinson, and Harris demurred to both the original complaint and the first amended complaint. In August 2017, the court sustained the demurrer to the first amended complaint with leave to amend. Semeil filed a second amended complaint