Sanchez-Scott

Sanchez-Scott v. Alza Pharmaceuticals

Good Law
103 Cal. Rptr. 2d 410·86 Cal. App. 4th 365
Court of Appeal of CaliforniaJanuary 29, 2001B137678California5,824 words

Opinion

Opinion

Turner, J.

I. Introduction

Plaintiff, Azucena Sanchez-Scott, a breast cancer patient, appeals from a judgment dismissing her complaint after the trial court sustained without leave to amend a demurrer to her cause of action for common law invasion of privacy against defendants, Alza Pharmaceuticals, Alza Corporation, and Robert Martinez. Plaintiff’s claims arise out of the presence of Mr. Martinez, a drag salesperson, during a breast and related examination of her by Dr. Monty B. Polonsky, an oncologist. We reject defendants’ arguments that the complaint fails to state causes of action for the tort of intrusion, which is based on a violation of her common law right to privacy. We therefore reverse the judgment of dismissal entered following the sustaining of defendants’ demurrers as to the first cause of action.

II. Background

A. The Complaint

In reviewing the dismissal, all well-pleaded factual allegations must be assumed as true. (Haggis v. City of Los Angeles (2000) 22 Cal.4th 490, 495 [ 93 Cal.Rptr.2d 327 , 993 P.2d 983 ]; Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 966-967 [ 9 Cal.Rptr.2d 92 , 831 P.2d 317 ].) The complaint alleged that Dr. Polonsky is a licensed…

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