Richardson-Tunnell
Richardson-Tunnell v. Schools Insurance Program for Employees
Opinion
Opinion
Coffee, J.
Klare Richardson-Tunnell appeals from a judgment of dismissal after an order granting judgment on the pleadings in favor of Schools Insurance Program for Employees (SIPE) and Lucia Mar Unified School District (District), each public entities. (Code Civ. Proc., § 438.) In the course of an investigation into Richardson-Tunnell’s workers’ compensation claim, SIPE and the District videotaped her at her wedding, at the wedding reception, and during her honeymoon.
The trial court found that her claims were barred by governmental investigatory immunity (Gov. Code, § 821.6), and that a plaintiff may not sue for damages based on violation of the privacy clause of article I, section 1 of the California Constitution. Richardson-Tunnell contends (1) that SIPE and the District waived governmental immunity by failing to plead it, (2) that governmental immunity does not apply to the alleged conduct, (3) that Civil Code section 1708.8 provides an exception to governmental immunity, and (4) that monetary damages are available for violation of constitutionally protected privacy. We reject the first three contentions, and do not reach the fourth. Accordingly, we affirm.