Baughman

Baughman v. State of California

Good Law
1995 Cal. App. LEXIS 887·38 Cal. App. 4th 182·45 Cal. Rptr. 2d 82·95 Daily Journal DAR 12313·95 Cal. Daily Op. Serv. 7239
Court of Appeal of CaliforniaSeptember 12, 1995B073544California3,207 words

Opinion

Opinion

Gilbert, J.

Alan Baughman appeals from the judgment after jury verdict in favor of respondents, the State of California et al. Baughman’s suit states that respondents wrongfully destroyed floppy computer disks containing his research while they searched premises in which he rented space pursuant to a search warrant describing various computer hardware and software. The warrant did not describe the subject disks.

Baughman contends the trial court erred in granting judgment on the pleadings and dismissing his causes of action for invasion of his privacy and for violation of his civil rights under title 42 United States Code section 1983 . He also challenges the trial court’s ruling that a statutory privilege precluded prosecution of his cause of action for conversion. Although his loss is unfortunate, we must affirm.

Facts

Baughman rented space from Terminal Technician, Inc. (Terminal Tech), to engage in the business of designing computer hardware and software. An investigation revealed that computer hardware and software had been stolen from California Polytechnic State University at San Luis Obispo (Cal Poly). The police obtained a search warrant to search, inter alia, “all rooms…

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