No Request For Correction Means No General Or Punitive Damages Against Dr. Phil.

In a petition for writ of mandate, the real party in interest is the host of a television show. Petitioners are two men who are residents of Aruba who were questioned in connection with the 2005 disappearance of Natalee Holloway, an American teenager who disappeared while on a high school trip on Aruba. Real party’s television show broadcast an episode devoted to the disappearance. The videotape showed a petitioner indicating the teenager had sex with both of them. One of the petitioners contended he was not told the interview was being recorded, and that when asked about having sex with the teenager, he responded “no,” shaking his head. He claimed the videotape had been manipulated. After the episode aired, petitioners filed a complaint in superior court stating causes of action for defamation, defamation per se, invasion of privacy, NIED, IIED, fraud, deceit and other causes of action. The trial court granted real party’s motion in limine to prevent the introduction of much of petitioners’ evidence and requests for damages, based upon Civil Code section 48a’s requirement of a request for correction. Before the Court of Appeal, petitioners contended the trial court erred in applying Civil Code section 48a to claims arising from or relating to the show because the statute is only meant to apply to media which are engaged in the business of immediate dissemination of news. In denying the writ, the appellate court stated: “A close examination of the cases reveals the scope of section 48a is determined by the type of media involved, and not upon specific content. Therefore we cannot conclude the statute only applies to visual and sound broadcasting which is engaged in the business of rapid and immediate dissemination of the news. The language of the statute clearly applies to all types of television shows. . . .Therefore, since petitioners did not send a request for correction, the trial court correctly granted the motion in limine of real parties to bar evidence at trial of general or punitive damages.” (Kalpoe v. Sup. Ct. (Phillip C. McGraw) (Cal. App. Second Dist., Div. 7; December 17, 2013) 222 Cal.App.4th 206.