Payton v. City of Santa Clara

Opinion

POCHÉ, J.

Oris Payton appeals from a judgment of dismissal rendered after a demurrer to his amended complaint was sustained without leave to amend. We reverse.

Facts

1

Appellant sought damages against respondents, City of Santa Clara, arising out of the city’s alleged misconduct in posting in a public employee workroom notice of his termination and the reasons therefor. In particular, the amended complaint alleged that the specific reasons for the termination of appellant’s employment—allegations of “unauthorized absence, failure to observe departmental rules, and dishonesty”— were contained in an interoffice memorandum addressed to him alone which he received on June 30, 1978. Sometime thereafter appellant learned that the memorandum had been posted, without his knowledge

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or consent, by or at the direction of an employee of respondents, acting within the scope of his employment. The memorandum was posted on an open bulletin board in respondents’ lab office located at respondents’ corporation yard. This yard, which serves both as a “break area” and a “work area” for employees of respondents, is frequented daily by approximately 40 to 50 employees “who engage in various activities including extensive socializing.” Appellant alleged “that although the memorandum may have been secured for a proper city purpose by [respondents], the subsequent disclosure of the memorandum was in no way related to that purpose or to any other legitimate city purpose.”

The complaint prayed for general damages in the sum of $25,000, caused as a result of the “improper disclosure” of the memorandum “to third persons not officially interested in its contents. .. . ”

Discussion

Appellant contends that the allegations of his amended complaint state a prima facie violation of the right to privacy under article I, section 1 of the California Constitution, and that therefore the trial court erred in sustaining the city’s demurrer without leave to amend. We agree.

In November 1972, the voters of this state adopted a privacy amendment to article I, section 1, which now provides: “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and