A judge entered a judgment in favor of Kathy Griffin and against the CEO of KB Homes in a lawsuit that alleged the comedian and her husband illegally recorded the businessman and his wife on audio and video, court records obtained Thursday show.
Los Angeles Superior Court Judge Holly Fujie signed the judgment Wednesday in the case brought by Jeffrey T. Mezger and his wife, Sandra, against Griffin and her husband, Randy Ralph Bick Jr.
In March, the judge dismissed two of the Mezgers’ claims for invasion of privacy and one for violation of the Penal Code. The judge said she saw no triable issues in two of the privacy causes of action or in the Penal Code violation allegation. The judge also said the evidence shows the comedian did not go onto her neighbors’ property to make any recordings.
“Plaintiffs concede they have no knowledge that any cameras or video cameras belonging to her ever crossed over the property line and crossed onto their property, and they do not even contend that she placed a video camera over the property boundary line,” the judge wrote.
Plaintiffs’ attorney Craig Marcus had argued the law does not require that there be a trespass or “physical intrusion” in order for an invasion of privacy to occur. He said the fact that a camera was on Griffin’s property, where she was lawfully permitted to be, is “of no moment.”
Later that month, the plaintiffs dropped their remaining claims for nuisance and false light invasion of privacy “without prejudice,” meaning they are not barred from bringing the allegations again.
Wednesday’s judgment also reflected Fujie’s Jan. 2 ruling in which she granted a motion by the Mezgers to dismiss Griffin’s countersuit, which contained a single cause of action — intentional infliction of emotional distress — and alleged a series of actions leading up to Mezger making an allegedly threatening rant in September 2017.
The Mezgers, who filed suit in July 2018, live in the Bel Air Crest gated community next door to Griffin and her spouse.
Marcus said Griffin and Bick initially used their cell phones to record the Mezgers, but then escalated their surveillance with a security system to place their neighbors on camera 24 hours a day for the last three years.
Griffin distributed some of the footage to the media and posted it on her Twitter account, Marcus said. The comedian also played the recordings during some of her public performances, he said.
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