Webb v. San Luis Obispo Community College Dist.
Pamela Webb appeals from a judgment of dismissal after orders sustaining the demurrers of School Insurance Program for Employees (SIPE) and San Luis Obispo Community College District (District), each public entities. In the course of an investigation into Webb's workers' compensation claim, SIPE and the District videotaped Webb at her home on multiple occasions while she was engaged in personal and familial activities.
The trial court found that her claims were barred by governmental investigatory immunity (Gov. Code, 821.6),[2]that a plaintiff may not sue for damages based on violation of the privacy clause of article I, section 1 of the California Constitution, and that the claim for general negligence was barred by the exclusivity of worker's compensation. Webb 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. Court reject the first three contentions, and do not reach the fourth. Accordingly, Court affirm.
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