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Snowden v. Kemper Employers Claims Services9/28/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Following entry of judgment that awarded Stacy Snowden (Snowden) injunctive relief on the fifth cause of action in her complaint, she noticed an appeal asking us to review the order granting summary adjudication in favor of respondent Kemper Employers Claims Services (Kemper) on her first, second, third and fourth causes of action, and her request for punitive damages.
We affirm.
FACTS
The Complaint Snowden is African-American
On September 6, 2000, Snowden was working for GC Tech., Inc. While she was performing a federal transportation safety evaluation at a Los Angeles subway station, she witnessed a murder and was later able to identify the suspect as a male Hispanic. The Los Angeles Police classified the suspect as a gang member. The suspect was never captured. Because she was the primary witness, Snowden feared that the suspect would come after her. As a result, she suffered posttraumatic stress disorder and underwent psychological and psychiatric care.
Snowden filed a workers compensation claim. Kemper was brought in to adjust the claim and engaged in illegal acts that included: (a) Kemper and its employees, Blanch Uyema (Uyema) and Deana Navarro (Navarro), hired a private investigating firm named Advanced Video and Security Technologies, Inc. (Advanced) and conspired to send Hispanic- looking investigators to Snowden's residence. They knew if Snowden saw the investigators she would think she was seeing the murder suspect, that she would be intimidated, and that she would possibly give up her lawful workers compensation claim; (b) on more than one occasion these investigators illegally gained entry onto Snowden's gated community and her private property; (c) one time these investigators followed and stalked Snowden; and (d) Kemper and the other defendants unlawfully obtained Snowden's medical records.
Snowden pleaded claims for: (1) discrimination in violation of public policy [Civil Code section 51, Government Code section 12940 and Article I, section 8 of the California Constitution]; (2) intentional infliction of emotional distress; (3) invasion of privacy; (4) trespass; and (5) injunctive relief. According to the complaint, Kemper was motivated by racial and gender animus.
Summary Adjudication, Trial and Judgment
Kemper moved for summary judgment of Snowden's entire action or, alternatively, summary adjudication of each of her separate causes of action and her prayer for punitive damages, arguing, among other things, that: (1) there was no evidence demonstrating that Kemper discriminated against Snowden based on her race or gender, or that it ever denied her employment, entry into a profession, or privileges or services; (2) she did not have a reasonable expectation of privacy; (3) she waived her right of privacy when she put her medical condition at issue by filing a worker's compensation claim; (4) and the undisputed facts demonstrated that no one from Kemper unlawfully entered her property.
Navarro submitted a declaration and set forth the following facts. Navarro was the adjuster on the claim. In April 2002, she hired an investigator by the name of Robert L. Jones (Jones) to perform an investigation into the activities of Snowden. Kemper did not retain Advanced. Navarro did not know Snowden was African-American, or that she
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