1 2 3 4 James R. Patterson, State Bar No. 211102 Allison H. Goddard, State Bar No. 211098 Catherine S. Wicker, State Bar No. 306494 PATTERSON LAW GROUP APC 402 West Broadway, 29th Floor San Diego, CA 92101 Telephone: (619) 756-6990 Facsimile: (619) 756-6991 5 Attorneys for Plaintiff MELISSA ESCALERA 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN DIEGO - CENTRAL DIVISION 10 11 MELISSA ESCALERA, on behalf of herself and all others similarly situated, CASE NO.: [E-FILE] 12 Plaintiff, 13 vs. CLASS ACTION COMPLAINT 14 15 16 SHARP HEALTHCARE, a California Corporation, SHARP GROSSMONT HOSPITAL, and DOES 1- 100, inclusive, Defendants. 17 18 19 20 21 22 1) Breach of Fiduciary Duty; 2) Breach of Confidentiality (Evid. Code§ 994); 3) Unlawful Recording of Confidential Information (Pen. Code§§ 632, 637.2); 4) Negligent Creation of Medical Information (Civ. Code§ 56.101); 5) Negligent Maintenance of Medical Information (Civ. Code§ 56.101); 6) Unlawful Disclosure of Medical Information (Civ. Code§§ 56 et seq.); 7) Invasion of Privacy - Intrusion Into Private Affairs; 8) Invasion of Privacy (Cal. Const., Art. 1, § 1); 9) Distribution of Private Sexually Explicit Materials (Civ. Code§ 1708.85) 23 24 [DEMAND FOR JURY TRIAL] 25 26 27 Plaintiff Melissa Escalera, on behalf of herself and all others similarly situated, alleges as follows: 28 1 CLASS ACTION COMPLAINT INTRODUCTION 1 2 1. The birth of a child. The loss of a pregnancy. Surgery to remove cancer. These are some 3 of life's most emotional and private moments. This case is about a hospital's perverse decision to spy on 4 its patients during these moments, and record them without their knowledge or consent, for its own self- 5 interest. 6 2. For a year, Defendants set up hidden cameras in all three operating rooms at the Women's 7 Center at Sharp Grossmont Hospital. Triggered by motion-detecting sensors, these cameras began 8 recording events in these operating rooms whenever any person entered the room. These videos captured 9 images of caesarean births, birth complications, dilatation and curettage to resolve miscarriages, 10 hysterectomies, and sterilization procedures. Patients were undressed, exposed, and at their most 11 vulnerable during these procedures. 12 3. Defendants recorded approximately 15,000 videos of patients in their operating rooms -- 13 all in an alleged effort to catch an employee in the act of taking a drug from the operating room cart and 14 putting it in his pocket. Defendants retain at least 6,966 videos, after allegedly destroying some of them. 15 In their overzealous pursuit of evidence against this employee, Defendants breached the privacy rights of 16 thousands of patients when they were at their most vulnerable. 17 18 19 4. Defendants further breached patient privacy by allowing non-medical personnel, such as security guards and attorneys, to view these private videos. 5. This case is a class action under Code of Civil Procedure section 382, seeking recovery for 20 Defendants' systematic and shocking breach of their patients' privacy. Plaintiffs seek monetary damages 21 and penalties as a result of Defendants' unlawful conduct. Damages and penalties are necessary both to 22 compensate Plaintiffs, and to deter Defendants from further breaches. 23 JURISDICTION AND VENUE 24 25 26 6. The Superior Court of California for the County of San Diego has jurisdiction over this matter because the allegations and claims herein arise under California common and statutory law. 7. Venue is proper in this Court pursuant to Code of Civil Procedure section 395(a). 27 Defendant regularly conducts business throughout California, including San Diego County, and a 28 substantial portion of the harm caused by Defendant to Plaintiffs and numerous other putative class 2 CLASS ACTION COMPLAINT members took place in San Diego County. THE PARTIES 2 3 8. Plaintiff Escalera resides in San Diego County, California. 4 9. More than two-thirds of the members of the proposed class are citizens of California. 5 10. Defendant Sharp HealthCare is a corporation organized under the laws of California and 6 7 8 9 maintains its principal place of business at 8695 Spectrum Center Boulevard, San Diego, CA 92123. 11. Defendant Sharp Grossmont Hospital is an affiliate of Sharp HealthCare that maintains its principal place of business at 5555 Grossmont Center Drive, La Mesa, CA 91942. 12. Plaintiff is unaware of the true names or capacities of the Defendants sued herein under 10 the fictitious names DOES 1-100, but prays for leave to amend and serve such fictitiously named 11 Defendants once their names and capacities become known. 12 13. Plaintiff is informed and believes, and based thereon alleges, that each and all of the acts 13 and omissions alleged herein were performed by, or are attributable to, Defendants and DOES 1-100 14 (collectively "Defendants"), each acting as the agent for the other, with legal authority to act on the 15 other's behalf. The acts of any and all Defendants were in accordance with, and represent the official 16 policies of Defendant Sharp HealthCare. 17 14. Plaintiff is informed and believes, and based thereon alleges that, at all times herein 18 mentioned, Defendants, and each of them, ratified each and every act or omission complained of herein. 19 At all times herein mentioned, Defendants, and each of them, aided and abetted the acts and omissions of 20 each and all the other Defendants in proximately causing the damages herein alleged. 21 15. Plaintiff is informed and believes, and based thereon alleges, that each of said Defendants 22 1s m some manner intentionally, negligently, or otherwise responsible for the acts, om1ss10ns, 23 occurrences, and transactions alleged herein. 24 GENERAL ALLEGATIONS 25 Plaintiff's Emergency C-Section Delivery 26 16. On September 4, 2012, Plaintiff was admitted to Sharp Grossmont Hospital for the birth 27 of her second child. Her child was born on September 4, 2012, through an emergency caesarean section 28 performed in an operating room at the Women's Center. 3 CLASS ACTION COMPLAINT 17. The birth of her child was an extremely emotional experience for Plaintiff. Her child was 2 born under emergency circumstances, after Plaintiff's water broke and the baby presented in a breech 3 position. Plaintiff was transported by ambulance from her doctor's office to Sharp Grossmont Hospital. 4 Plaintiff had a reasonable expectation of privacy during this experience, and that Defendants would 5 respect her privacy. 6 18. Unbeknownst to Plaintiff, Defendants had installed a hidden camera in the operating room 7 with a motion-detector sensor. Plaintiff is informed and believes that Defendants surreptitiously recorded 8 the birth of her child using this hidden camera. 9 19. Plaintiff did not consent at any time to Defendants' recording of this private moment. 10 20. Plaintiff is informed and believes that Defendants' personnel, including security guards 11 12 and attorneys, reviewed this video after it was recorded. 21. Defendants Spied on the Class Members in Their Most Private Moments 13 14 Plaintiff first became aware of Defendants' secret recording in May 2016. 22. In July 2012, Defendants installed video cameras on the drug carts in the operating rooms 15 in the Women's Center at Sharp Grossmont Hospital. The video cameras were installed on top of the 16 drug carts and equipped with motion-detecting sensors that triggered them to begin recording whenever 17 anyone entered the room, and continue recording even after motion stopped. 18 23. Defendants claim that this secret video surveillance was necessary as part of their 19 investigation into whether an employee was stealing the anesthesia drug propofol from drug carts in the 20 operating rooms. Despite that claim, Defendants' cameras were set up to record when any person entered 21 an operating room, to record a wide range of activity in the operating room beyond access to the drug 22 cart, and to continue recording even after motion stopped. 23 24. Defendants recorded approximately 15,000 video clips in the operating rooms between 24 July 2012 and June 2013. These video clips show Defendants' female patients unconscious, undressed on 25 operating room tables, and undergoing medical procedures. Because of the nature of these procedures, 26 the videos captured women while they were emotionally and physically exposed, often naked with their 27 most sensitive genital areas visible. 28 4 CLASS ACTION COMPLAINT 1 25. These videos contain matters of great sensitivity, going to the core of patients' privacy 2 rights. Defendants recorded these videos in an area of Sharp Grossmont Hospital that is not open to the 3 public. Entry into the operating room is limited to Defendants' employees who need to be there to 4 perform medical procedures, patients, and at times a few family members of patients. 5 6 7 8 26. Defendants, including security guards and attorneys, as part of the internal investigation. 27. The patients did not consent to being recorded by Defendants during their medical procedures. Defendants' Policies Recognize the Privacy Rights That They Breached 9 10 After the videos were recorded, they were reviewed by non-medical personnel of 28. Defendants have several policies that recognize and obligate them to respect the privacy 11 of their patients. Defendants' violations of their own policies underscore the shocking and serious nature 12 of their breach of patients' privacy. 13 29. Defendants' Code of Conduct contains a "Standard of Behavior" for confidentiality that 14 states that "Sharp HealthCare protects customers' confidentiality, privacy and modesty in all situations. 15 We are sensitive to the personal nature of health care, and we do everything we can to earn the trust that 16 others place in us." 17 30. According to Defendants' list of "Patient Rights," their patients have a right to "(f]ull 18 consideration of privacy concerning their medical care program. Case discussion, examination, and 19 treatment are confidential and should be conducted discreetly. [Patients] have to right to be advised as to 20 the reason for the presence of any individual." 21 22 23 31. According to Defendants' list of "Patient Rights," their patients have a right to "[h]ave [their] personal privacy respected." 32. According to Defendants' list of "Patient Rights," their patients have a right to 24 "[c]onfidential treatment of all communications and records pertaining to [their] care and stay in the 25 hospital." Defendants promise their patients that "[w]ritten permission shall be obtained before medical 26 records are made available to anyone not directly concerned with your care." 27 28 33. Defendants violated these rights by failing to disclose to their patients that a hidden camera was installed in the operating room recording their procedures, essentially inviting an unlimited 5 CLASS ACTION COMPLAINT 1 number of individuals to view the private circumstances of patients' medical treatment. Defendants 2 violated these rights further by allowing non-medical personnel, including security guards and attorneys, 3 to view the surreptitiously recorded videos. CLASS ALLEGATIONS 4 5 6 7 34. situated, and thus seeks certification under section 382 of the California Code of Civil Procedure 35. 9 11 The proposed class in this action consists of and is defined as: All persons who underwent a medical procedure in an operating room at the Women's Center at Sharp Grossmont Hospital between July 17, 2012, and June 30, 2013. 8 10 Plaintiff brings this action on behalf of herself, and on behalf of all other persons similarly 36. There is a well-defined community of interest in the litigation and the Class is easily ascertainable: 12 a. Numerosity: The members of the Class are so numerous that joinder of all members 13 would be unfeasible and impractical. The membership of the entire Class is unknown 14 to Plaintiffs at this time, however, the Class is estimated to be greater than one 15 thousand (1,000) individuals and the identity of such membership is readily 16 ascertainable by inspection of Defendants' patient records. 17 b. Typicality: Plaintiff is qualified to, and will, fairly and adequately protect the interests 18 of each Class Member with whom she has a well-defined community of interest, and 19 Plaintiff's claims are typical of all Class Members' claims as demonstrated herein. 20 c. Adequacy: Plaintiff is qualified to, and will, fairly and adequately, protect the interests 21 of each Class Member with whom she has a well-defined community of interest and 22 typicality of claims, as alleged herein. Plaintiff acknowledges that she has an 23 obligation to make known to the Court any relationship, conflicts, or differences with 24 any Class Member. Plaintiff's attorneys and class counsel are versed in the rules 25 governing class action discovery, certification, and settlement. Plaintiff has incurred, 26 and throughout the duration of this action will continue to incur, costs and attorneys' 27 fees that have been, are, and will be necessarily expended for the prosecution of this 28 action for the substantial benefit of each Class Member. 6 CLASS ACTION COMPLAINT 1 d. Superiority: The nature of Plaintiff's claims makes the class action procedure superior 2 to other methods. A class action will achieve economies of time, effort and expense as 3 compared with separate lawsuits, and will avoid inconsistent outcomes because the 4 same issues can be adjudicated in the same manner and at the same time for the entire 5 class. 6 e. Public Policy Considerations: California health care providers have strict obligations 7 with respect to the privacy of their patients. This action seeks to redress Defendants' 8 breach of patient privacy. A class action here serves the important public policy 9 consideration of allowing patients a type of anonymity that allows for the vindication of their rights while still protecting their privacy. 10 11 12 37. There are common questions of law and fact as to the Class that predominate over questions affecting only individual members, including, but not limited to: a. Whether Defendants' recording of patients through a hidden camera violated their 13 14 right to privacy; b. Whether Defendants' v1ewmg of these recording violated the patients' right to 15 16 pnvacy; 17 c. Whether Defendants' obtained the written consent of any patient to this secret recording through its admission or other forms; 18 d. Whether Defendants' breached their Code of Conduct regarding Standards of 19 20 Behavior regarding confidentiality of patients; 21 e. Whether Defendants' breached their list of Patient Rights; 22 f. 23 The appropriate amount of damages, restitution, and/or monetary penalties resulting from Defendant's conduct. 24 FIRST CAUSE OF ACTION 25 Breach of Fiduciary Duty 26 Against All Defendants and on Behalf of Plaintiffs and the Class Members 27 28 38. Plaintiff and the Class Members incorporate by reference and re-allege as if fully stated herein the material allegations set out in the preceding paragraphs. 7 CLASS ACTION COMPLAINT 39. 1 2 Defendants owed a fiduciary duty to act with the utmost good faith in the best interests of Plaintiff and the Class members, and to act with reasonable care. 3 40. Plaintiff and the Class members placed trust and confidence in Defendants. 4 41. Defendants acted on behalf of Plaintiff and the Class members in providing them with 5 medical treatment. 6 42. Defendants failed to act as reasonably careful medical professionals would have acted 7 under the same or similar circumstances, thereby breaching their fiduciary duties to Plaintiff and the 8 Class members. 43. 9 Plaintiff and the Class Members suffered harm, including but not limited to, suffering, 10 anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, embarrassment, shame, 11 mortification, hurt feelings, disappointment, depression and feelings of powerlessness. 12 13 Defendants' conduct was a substantial factor in causing Plaintiff and the Class Members' 45. Defendants' conduct as alleged above was despicable; it was conduct so vile, base, or harm. 14 15 44. contemptible that it would be looked down on and despised by reasonable people. 46. 16 Defendants engaged in the conduct alleged above with malice, oppression, or fraud in that 17 Defendants' conduct was done with a willful and knowing disregard of Plaintiff and the Class Members' 18 rights, Defendants' conduct subjected Plaintiff and the Class Members' to cruel and unjust hardship in 19 knowing disregard of their rights, or Defendants intentionally concealed a material fact (the secret 20 recording devices) and did so intending to harm Plaintiff and the Class Members or in reckless disregard 21 that such harm would result. 22 23 47. As a result, in addition to other remedies available, Plaintiff and the Class Members may also recover damages to punish Defendants and deter future similar wrongful conduct. 48. 24 Plaintiff and the Class Members are informed and believe that Defendants' conduct is 25 ongoing and will cause irreparable harm if an injunction does not issue, and therefore seek injunctive 26 relief. 27 28 8 CLASS ACTION COMPLAINT 1 SECOND CAUSE OF ACTION 2 Breach of Confidentiality - Evidence Code section 994 3 Against All Defendants and on Behalf of Plaintiff and the Class Members 4 5 49. Plaintiff and the Class Members incorporate by reference and re-allege as if fully stated herein the material allegations set out in the preceding paragraphs. 50. 6 Defendants owed a fiduciary duty to act with the utmost good faith in the best interests of 7 Plaintiffs and the Class Members, to act with reasonable care, and to maintain inviolate their confidential 8 information, including, but not limited to, their confidential communications under California Evidence 9 Code section 992. 10 51. 11 Defendants had information relating to Plaintiff and the Class Members that they knew or should have known was confidential. 12 52. Defendants used Plaintiff and the Class Members' confidential information for their own 13 benefit in conducting an internal investigation or communicated their confidential information to third 14 parties, all in violation of California Evidence Code section 994. 15 16 53. their conduct, did not give informed consent, or were acting under duress. 54. 17 18 Plaintiff and the Class Members were ignorant of Defendants' conduct, did not authorize Plaintiff and the Class Members' confidential information was not a matter of general knowledge. 19 55. Plaintiff and the Class Members suffered harm, including but not limited to, suffering, 20 anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, embarrassment, shame, 21 mortification, hurt feelings, disappointment, depression and feelings of powerlessness. 22 23 24 25 26 56. Defendants' conduct was a substantial factor in causing Plaintiff and the Class Members' 57. Defendants' conduct as alleged above was despicable; it was conduct so vile, base, or harm. contemptible that it would be looked down on and despised by reasonable people. 58. Defendants engaged in the conduct alleged above with malice, oppression, or fraud in that 27 Defendants' conduct was done with a willful and knowing disregard of Plaintiff and the Class Members' 28 rights, Defendants' conduct subjected Plaintiff and the Class Members' to cruel and unjust hardship in 9 CLASS ACTION COMPLAINT 1 knowing disregard of their rights, or Defendants intentionally concealed a material fact (the secret 2 recording devices) and did so intending to harm Plaintiff and the Class Members or in reckless disregard 3 that such harm would result. 59. 4 5 As a result, in addition to other remedies available, Plaintiff and the Class Members may also recover damages to punish Defendants and deter future similar wrongful conduct. 60. 6 Plaintiff and the Class Members are informed and believe that Defendants' conduct is 7 ongoing and will cause irreparable harm if an injunction does not issue, and therefore seek injunctive 8 relief. 9 THIRD CAUSE OF ACTION 10 Unlawful Recording of Confidential Information- Penal Code sections 632 & 637.2 11 Against All Defendants and on Behalf of Plaintiff and the Class Members 12 13 14 61. Plaintiff and the Class Members incorporate by reference and re-allege as if fully stated herein the material allegations set out in the preceding paragraphs. 62. Defendants intentionally video recorded and/or eavesdropped on Plaintiff and the Class 15 Members' confidential communications and medical procedures in the operating rooms of SGH's 16 Women Center by using an electronic device (hidden video cameras). 17 18 19 63. Plaintiff and the Class Members had a reasonable expectation that their medical procedures were not being video recorded. 64. Plaintiff and the Class Members had a reasonable expectation that their communications 20 with medical personnel and their medical procedures were not being viewed by Sharp security personnel 21 or by anyone not physically present in the operating room at the time of these procedures. 22 65. Defendants, by acting as herein alleged, unlawfully recorded confidential information of 23 Plaintiff and the Class Members and violated Plaintiff and the Class Members' privacy rights in violation 24 of California Penal Code §§632 & 637.2. 25 26 66. Defendants did not have the consent of all parties to said conversations and communications to record them. 27 28 10 CLASS ACTION COMPLAINT 67. 1 Plaintiff and the Class Members suffered harm, including, but not limited to, suffering, 2 anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, embarrassment, shame, 3 mortification, hurt feelings, disappointment, depression and feelings of powerlessness. Plaintiff and the 4 Class Members are entitled to treble damages for such harm. 5 6 7 68. Defendants' conduct was a substantial factor in causing Plaintiff and the Class Members' 69. As a result, and in addition to other available remedies at law, pursuant to Penal Code harm. 8 section 63 7 .2, Plaintiff and the Class Members are entitled to recover a sum equal to the greater of treble 9 their actual damages or statutory penalties of five thousand dollars ($5,000) per class member per 10 11 violation. 70. Plaintiff and the Class Members, in accordance with Chapter 3 (commencing with Section 12 525) of Title 7 of Part 2 of the Code of Civil Procedure, also bring an action to enjoin and restrain the 13 Defendants from any violation of this chapter by continuing to secretly video record medical procedures 14 without the consent of all parties. 15 FOURTH CAUSE OF ACTION 16 Negligent Creation of Medical Information 17 (Civil Code Section 56.101) 18 Against All Defendants and on Behalf of Plaintiff and the Class Members 19 20 21 71. Plaintiff and the Class Members incorporate by reference and re-allege as if fully stated herein the material allegations set out in the preceding paragraphs. 72. Under the California Confidentiality of Medical Information Act, including, without 22 limitation, Civil Code Section 56.101, Defendants owed Plaintiff and the Class Members a duty to act 23 with reasonable care. 24 73. Defendants, by secretly recording Plaintiff and the Class Members and by acting as 25 alleged above, negligently created medical information in violation of the California Confidentiality of 26 Medical Information Act, Civil Code Section 56.101. 27 28 74. Plaintiff and the Class Members suffered harm, including, but not limited to, suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, embarrassment, shame, 11 CLASS ACTION COMPLAINT 1 mortification, hurt feelings, disappointment, depression and feelings of powerlessness. 2 3 75. Defendants' conduct was a substantial factor in causing Plaintiff and the Class Members' 76. As a result, and in addition to any other remedies available at law, pursuant to Civil Code harm. 4 5 section 56.36, Plaintiff and the Class Members are entitled to actual damages and nominal statutory 6 damages in the amount of one thousand dollars ($1,000) per class member per violation. 7 77. Plaintiff and the Class Members are informed and believe that Defendants' conduct is 8 ongoing and will cause irreparable harm if an injunction does not issue, and therefore seek injunctive 9 relief. 10 FIFTH CAUSE OF ACTION 11 Negligent Maintenance of Medical Information 12 (Civil Code Section 56.101) 13 Against All Defendants and on Behalf of Plaintiff and the Class Members 14 15 78. Plaintiff and the Class Members incorporate by reference and re-allege as if fully stated herein the material allegations set out in the preceding paragraphs. 16 79. Under the California Confidentiality of Medical Information Act, including, without 17 limitation, Civil Code Section 56.101, Defendants owed Plaintiff and the Class Members a duty to act 18 with reasonable care. 19 80. Defendants breached their duties and violated the California Confidentiality of Medical 20 Information Act, Civil Code Section 56.10 I, by allowing their security personnel to view the recordings 21 of Plaintiff and the Class Members and by negligently creating, maintaining, preserving and storing 22 Plaintiff and the Class Members' medical information in a manner that failed to preserve the 23 confidentiality of that information. 24 81. Defendants further breached their duties and again violated the California Confidentiality 25 of Medical Information Act, Civil Code Section 56.10, by disclosing the surreptitious recordings of 26 Plaintiff and the Class Members to third parties during an internal investigation and by acting as alleged 27 above. 28 12 CLASS ACTION COMPLAINT 82. At all relevant times, Plaintiff and the Class Members were ignorant of Defendants' 2 conduct and Defendants acted without Plaintiff and the Class Members' authorization or informed 3 consent or Plaintiff and the Class Members' were under duress. 4 83. Plaintiff and the Class Members suffered harm, including, but not limited to, suffering, 5 anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, embarrassment, shame, 6 mortification, hurt feelings, disappointment, depression and feelings of powerlessness. 7 8 84. Defendants' conduct was a substantial factor in causing Plaintiff and the Class Members' 85. As a result, and in addition to any other remedies available at law, pursuant to Civil Code harm. 9 10 section 56.36, Plaintiff and the Class Members are entitled to actual damages and nominal statutory 11 damages in the amount of one thousand dollars ($1,000) per class member per violation. 12 86. Plaintiff and the Class Members are informed and believe that Defendants' conduct is 13 ongoing and will cause irreparable harm if an injunction does not issue, and therefore seek injunctive 14 relief. 15 SIXTH CAUSE OF ACTION 16 Unlawful Disclosure of Medical Information 17 (Civil Code Sections 56.10, et seq.) 18 Against All Defendants and on Behalf of Plaintiff and the Class Members 19 20 21 87. Plaintiff and the Class Members incorporate by reference and re-allege as if fully stated herein the material allegations set out in the preceding paragraphs. 88. The California Confidentiality of Medical Information Act, including, without limitation, 22 Civil Code Section 56.10, prohibits health care providers from disclosing a patient's medical information 23 without first obtaining their valid authorization. 24 25 26 27 89. At all relevant times, Defendants owed Plaintiff and the Class Members a duty to maintain the confidentiality of their medical information. 90. Defendants breached their duties and unlawfully disclosed Plaintiff and the Class Members' medical information in violation of the California Confidentiality of Medical Information Act, 28 13 CLASS ACTION COMPLAINT 1 Civil Code Section 56.101, by allowing their security personnel to view the secret recordings of Plaintiff 2 and the Class Members. 3 91. Defendants again breached their duties and unlawfully disclosed Plaintiff and the Class 4 Members' medical information in violation of the California Confidentiality of Medical Information Act, 5 Civil Code Section 56.10, by disclosing the surreptitious recordings of Plaintiff and the Class Members 6 to third parties during an internal investigation and by acting as alleged above. 92. 7 Defendants failed to obtain a valid authorization to disclose Plaintiff and the Class 8 Members' medical information. Instead, Defendants' conduct was, at all relevant times, without Plaintiff 9 and the Class Members' knowledge, authorization or informed consent or Plaintiff and the Class 10 Members were under duress. 11 93. Defendants' wrongful conduct caused Plaintiff and the Class Members to sustain personal 12 mJury in the form of suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, 13 humiliation, embarrassment, shame, mortification, hurt feelings, disappointment, depression and feelings 14 of powerlessness. 15 94. As a result, and in addition to any other remedies available at law, pursuant to Civil Code 16 section 56.35, Plaintiffs are entitled to recover compensatory damages, punitive damages not to exceed 17 three thousand dollars ($3,000) per class member per violation, attorneys' fees not to exceed one 18 thousand dollars ($1,000) per class member per violation, and the costs of litigation. 19 95. As a result, and in addition to any other remedies available at law, pursuant to Civil Code 20 section 56.36, Plaintiffs are entitled to actual damages and nominal statutory damages in the amount of 21 one thousand dollars ($1,000) per class member per violation. 22 96. Plaintiff and the Class Members are informed and believe that Defendants' conduct is 23 ongoing and will cause irreparable harm if an injunction does not issue, and therefore seek injunctive 24 relief. 25 Ill 26 Ill 27 28 14 CLASS ACTION COMPLAINT 1 SEVENTH CAUSE OF ACTION 2 Invasion of Privacy - Intrusion Into Private Affairs 3 Against All Defendants and on Behalf of Plaintiff and the Class Members 4 5 6 7 8 9 10 97. Plaintiff and the Class Members incorporate by reference and re-allege as if fully stated herein the material allegations set out in the preceding paragraphs. 98. Plaintiff and the Class Members had a reasonable expectation of privacy in the operating rooms of SGH' s Women Center. 99. Plaintiff and the Class Members also had a reasonable expectation of privacy that their communications with medical personnel and their medical procedures were not being video recorded. 100. Plaintiff and the Class Members further had a reasonable expectation that their 11 communications with medical personnel and their medical procedures were not being recorded by Sharp 12 security personnel or by anyone not physically present in the operating room at the time of said 13 communications and procedures. 14 15 16 101. Defendants intentionally intruded on Plaintiff and the Class Members' pnvacy by installing recording devices in the operating rooms. 102. Defendants also intentionally intruded on Plaintiff and the Class Members' privacy by 17 recording Plaintiff and the Class Members' confidential communications and medical procedures in the 18 operating rooms of Sharp Grossmont Hospital's Women's Center. 19 103. Defendants additionally intentionally intruded on Plaintiff and the Class Members' 20 privacy by allowing third parties, including Defendants' security personnel and attorneys, to view the 21 recordings of Plaintiff and the Class Members. 22 104. Defendants further intentionally intruded on Plaintiff and the Class Members' privacy by 23 disclosing certain recordings of Plaintiff and the Class Members to third parties during the course of an 24 internal investigation. 25 26 27 28 105. In acting as alleged above, Defendants' violated Plaintiff and the Class Members' privacy rights at a time when Plaintiff and the Class Members' were at their most vulnerable. 106. In acting as alleged above, Defendants' conduct was outrageous and motivated by a commercial interest in disregard of Plaintiff and the Class Members' privacy rights. 15 CLASS ACTION COMPLAINT 1 2 107. Defendants' intrusion into Plaintiff and the Class Members' privacy would be highly offensive to a reasonable person. 108. 3 Plaintiff and the Class Members suffered harm, including, but not limited to, suffering, 4 anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, embarrassment, shame, 5 mortification, hurt feelings, disappointment, depression and feelings of powerlessness. 6 7 10 Defendants' conduct was a substantial factor in causing Plaintiff and the Class Members' 110. Plaintiff and the Class Members are informed and believe that Defendants' conduct is harm. 8 9 109. ongoing and will cause irreparable harm if an injunction does not issue, and therefore seek injunctive relief. 11 EIGHTH CAUSE OF ACTION 12 Invasion of Privacy - California Constitution, Art. 1, section 1 13 Against All Defendants and on Behalf of Plaintiff and the Class Members 14 15 16 17 18 19 20 111. Plaintiff and the Class Members incorporate by reference and re-allege as if fully stated herein the material allegations set out in the preceding paragraphs. 112. Plaintiff and the Class Members had a reasonable expectation of privacy in the operating rooms of Sharp Grossmont Hospital's Women's Center. 113. Plaintiff and the Class Members also had a reasonable expectation of privacy that their communications with medical personnel and their medical procedures were not being video recorded. 114. Plaintiff and the Class Members further had a reasonable expectation that their 21 communications with medical personnel and their medical procedures were not being viewed or heard by 22 Sharp security personnel or by anyone not physically present in the operating room at the time of said 23 conversations, communications and procedures. 24 25 26 115. Defendants intentionally intruded on Plaintiff and the Class Members' pnvacy by installing recording devices in the operating rooms. 116. Defendants also intentionally intruded on Plaintiff and the Class Members' privacy by 27 recording Plaintiff and the Class Members' confidential communications and medical procedures in the 28 operating rooms of Sharp Grossmont Hospital's Women's Center. 16 CLASS ACTION COMPLAINT 117. 1 Defendants additionally intentionally intruded on Plaintiff and the Class Members' 2 privacy by allowing Defendants' security personnel to view the recordings of Plaintiff and the Class 3 Members. 4 118. Defendants further intentionally intruded on Plaintiff and the Class Members' privacy by 5 disclosing certain recordings of Plaintiff and the Class Members to third parties during the course of an 6 internal investigation. 7 8 119. rights under Article I, section 1 of the California Constitution. 120. 9 10 In acting as alleged above, Defendants' conduct was outrageous and motivated by a commercial interest in disregard of Plaintiff and the Class Members' privacy rights. 121. 11 12 In acting as alleged above, Defendants' violated Plaintiff and the Class Members' privacy Defendants' intrusion into Plaintiff and the Class Members' privacy would be highly offensive to a reasonable person. 122. 13 Plaintiff and the Class Members suffered harm, including, but not limited to, suffering, 14 anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, embarrassment, shame, 15 mortification, hurt feelings, disappointment, depression and feelings of powerlessness. 16 17 123. Defendants' conduct was a substantial factor in causing Plaintiff and the Class Members' 124. Plaintiff and the Class Members are informed and believe that Defendants' conduct is harm. 18 19 ongoing and will cause irreparable harm if an injunction does not issue, and therefore seek injunctive 20 relief. 21 NINTH CAUSE OF ACTION 22 Distribution of Private Sexually Explicit Materials - Civil Code section 1708.85 23 Against All Defendants and on Behalf of Plaintiff and the Class Members 24 25 125. Plaintiff and the Class Members incorporate by reference and re-allege as if fully stated herein the material allegations set out in the preceding paragraphs. 26 126. Plaintiff and the Class Members underwent medical procedures on their reproductive 27 organs. During those procedures, Plaintiff and the Class Members' intimate body parts were exposed and 28 visible. 17 CLASS ACTION COMPLAINT 127. 2 Plaintiff and the Class Members had a reasonable expectation of privacy in the operating rooms of Sharp Grossmont Hospital's Women's Center. 128. 3 Plaintiff and the Class Members also had a reasonable expectation of privacy that their 4 communications with medical personnel and their medical procedures were private and would remain 5 private. 6 7 129. expectations. 130. 8 9 10 Defendants knew or should have known of Plaintiff and the Class Members' pnvacy Defendants intentionally intruded on Plaintiff and the Class Members' pnvacy by recording Plaintiff and the Class Members while they were in the operating rooms of SGH's Women Center. 131. 11 Defendants intentionally distributed the secret video recordings of Plaintiff and the Class 12 Members to third parties, including Defendants' non-medical employees, security guards, and attorneys 13 for review. 14 15 132. Class Members to third parties during the course of an internal investigation. 16 17 133. Plaintiff and the Class Members are informed and believe that many of these secret recordings show Plaintiff and the Class Members' intimate body parts. 18 19 Defendants also intentionally distributed the secret video recordings of Plaintiff and the 134. Plaintiff and the Class Members did not consent to Defendants' distribution of these video recordings. 20 135. In acting as alleged above, Defendants violated Plaintiff and the Class Members' privacy 21 rights and unlawfully distributed Plaintiff and the Class Members' private sexually explicit materials in 22 violation of Civil Code section 1708.85. 136. 23 Plaintiff and the Class Members suffered harm, including, but not limited to, suffering, 24 anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, embarrassment, shame, 25 mortification, hurt feelings, disappointment, depression and feelings of powerlessness. 26 27 28 137. Defendants' conduct was a substantial factor in causing Plaintiff and the Class Members' 138. Plaintiff and the Class Members are informed and believe that Defendants' conduct is harm. 18 CLASS ACTION COMPLAINT 1 ongoing and will cause irreparable harm if an injunction does not issue, and therefore seek injunctive 2 relief. PRAYER FOR RELIEF 3 4 5 Plaintiffs, on behalf of themselves and all others similarly situated, pray for relief and judgment against Defendants, jointly and severally as follows: 6 1. That this action be certified as a class action; 7 2. For general damages according to proof; 8 3. For special damages according to proof; 9 4. For nominal damages according to proof; 10 5. For treble damages according to proof; 11 6. For statutory penalties according to proof; 12 7. For punitive damages according to proof; 13 8. For statutory attorneys' fees according to proof; 14 9. For reasonable attorneys' fees; 15 10. For the costs of the litigation; 16 11. For an injunction ordering Defendants to cease and desist from the unlawful conduct 17 18 described herein; 12. And for such other and further relief as is just and proper. 19 20 Dated: May 23, 2016 PATTERSON LAW GROUP 21 22 23 By: At~:.1,\1Vf1 · ~£hie~ Allison H. Goddard 24 Attorneys for Plaintiff MELISSA ESCALERA 25 26 27 28 19 CLASS ACTION COMPLAINT