Feminist Women's Health Center v. Superior Court

The issue presented by this petition is whether a female health center employee who agrees voluntarily to demonstrate a cervical self-examination to female clients and employees at the health center may sue the health center (and several of its supervisory employees) because the self-examination violates her constitutional right to privacy.

Respondent superior court granted summary adjudication of all of plaintiff Claudia Jenkins’s claims except the one alleging she was wrongfully terminated from employment in violation of her right to privacy. The defendants—Feminist Women’s Health Center (Center) and several of its employees—filed the instant petition seeking a writ to compel the superior court to adjudicate this remaining claim in their favor. We shall order the writ to issue.

Review of a summary judgment (or summary adjudication) motion by a Court of Appeal involves the same three-step process required of the trial court. (AARTS Productions, Inc. v. Crocker National Bank (1986) 179 Cal.App.3d 1061, 1064 [ 225 Cal.Rptr. 203 ].) “First, we identify the issues framed by the pleadings since it is these allegations to which the motion must respond by establishing a…