Turnbull v. Lucerne Valley Unified Sch. Dist.

234 Cal. Rptr. 3d 488, 24 Cal. App. 5th 522
CourtCalifornia Court of Appeal, 5th District
DecidedJune 13, 2018
DocketE067436
StatusPublished
Cited by3 cases

This text of 234 Cal. Rptr. 3d 488 (Turnbull v. Lucerne Valley Unified Sch. Dist.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turnbull v. Lucerne Valley Unified Sch. Dist., 234 Cal. Rptr. 3d 488, 24 Cal. App. 5th 522 (Cal. Ct. App. 2018).

Opinion

MILLER, J.

*524Plaintiff and respondent Dawn D. Turnbull sued defendants and appellants the Lucerne Valley Unified School District (LVUSD), Tom Courtney, Suzette Davis, John Buchanan, and Keri Gasper. Turnbull brought causes of action for (1) disclosing her private medical information ( Civ. Code, § 1798.63 ); (2) invading her privacy ( Pen. Code, § 637.2 ); (3) interfering with her constitutional rights ( Civ. Code, § 52.1, subd. (b) ); (4) violating her civil rights ( 42 U.S.C.A. § 1983 ); and (5) conspiring to *490deprive her of her right of privacy or right of free speech ( 42 U.S.C.A § 1985(3) ).

LVUSD, Courtney, and Davis brought an anti-SLAPP motion, which the trial court denied. ( Code Civ. Proc., § 425.16.)1 LVUSD, Courtney, and Davis contend the trial court erred by denying their motion. We affirm the order denying the anti-SLAPP motion.

FACTUAL AND PROCEDURAL HISTORY

A. COMPLAINT

The facts in this subsection are taken from Turnbull's complaint. Davis is the superintendent of LVUSD. Turnbull and Courtney were members of the LVUSD board. Although not explicit, it can be inferred from the complaint that Buchanan was also a member of the LVUSD board. Gasper was an LVUSD volunteer.

Turnbull opposed Davis's alleged misappropriation of LVUSD funds. In retaliation for Turnbull's opposition, Davis (1) obtained confidential medical information about Turnbull from Turnbull's employer; (2) generated false reports from the California Longitudinal Pupil Achievement Data System (CALPADS), concerning school lunch program eligibility; and (3) on July 8, 2015, falsely told LVUSD board members that evidence strongly suggested Turnbull illegally accessed CALPADS. Shortly after the July 8, 2015, LVUSD board meeting, Courtney and Buchanan, as private citizens, called Turnbull's employer to report Turnbull's allegedly unlawful access of CALPADS. Turnbull had legally accessed CALPADS to obtain a report concerning her stepchild.

Courtney used his position as a LVUSD board member to obtain access to Turnbull's private medical information. Courtney, as a private citizen, caused Turnbull's private medical information to be published on social media or *525gave the information to people who published it on social media. Courtney intended to intimidate Turnbull to stop her from opposing Davis's acts of misappropriation. Gasper received Turnbull's private medical information from Courtney, Davis, or Buchanan. Gasper published the information on social media.

In Turnbull's first cause of action, she alleged all of the defendants disclosed her private medical information, in particular an off-work note from Turnbull's doctor. ( Civ. Code, § 1798.63.) In the second cause of action, against all of the defendants, Turnbull alleged the release of her medical off-work note constituted an invasion of privacy, which led to the loss of her job with Oro Grande Unified School District (OGSD).

In Turnbull's third cause of action, she alleged all of the defendants retaliated against her for a variety of actions including opposing Davis's misappropriation of funds. Courtney pressured Turnbull to resign and then threatened to have Turnbull recalled. Turnbull alleged all of the defendants used their official authority or influence to intimidate and coerce Turnbull, which ultimately led to Turnbull losing her job at OGSD. Additionally, to the extent LVUSD resources were used to retaliate against Turnbull, that was also wrongful.

In Turnbull's fourth cause of action, she alleged all of the defendants retaliated against her for a variety of actions including opposing Davis's misappropriation of funds. Turnbull asserted defendants violated her expectation of privacy. Turnbull *491alleged she lost her job with OGSD as a result of defendants' actions.

In the fifth cause of action, Turnbull alleged the superintendent of OGSD (Griggs) accessed Turnbull's private medical information and gave it to Davis. Davis conspired to violate Turnbull's right of privacy for the purpose of chilling Turnbull's exercise of free speech. Turnbull sought general damages, special damages, statutory damages, punitive damages, attorney's fees, costs, and any other proper relief.

B. ANTI-SLAPP MOTION

LVUSD, Courtney, and Davis (collectively, defendants) filed an anti-SLAPP motion. ( § 425.16.) The first issue in an anti-SLAPP analysis is whether the allegations in the complaint arise from protected activities. Defendants asserted Turnbull's first and second causes of action concerned the disclosure of Turnbull's medical off-work note. Defendants contended Turnbull's off-work note was a matter of public interest because Turnbull failed to attend LVUSD board meetings, and thus, the disclosure constituted a protected activity.

*526As to the third cause of action, defendants asserted Turnbull's allegations concerned statements and deliberations at LVUSD board meetings, and thus were protected activities. In regard to the fourth and fifth causes of action, defendants asserted no new facts were alleged and therefore the analysis pertaining to the first, second, and third causes of action also applied to the fourth and fifth causes of action.

The second prong of an anti-SLAPP analysis concerns whether the plaintiff has a probability of prevailing on the merits of her claims. In regard to the first and second causes of action, defendants asserted Turnbull could not prevail because defendants have immunity for discretionary acts. ( Gov. Code, § 820.2.) Defendants asserted that even if they disclosed Turnbull's medical off-work note to embarrass and humiliate Turnbull, they would be immune from liability because malicious acts are within their discretion.

Next, defendants asserted Turnbull could not prevail on her first and second causes of action because OGSD independently decided to terminate Turnbull's employment and the voters in LVUSD independently decided to recall Turnbull. Therefore, defendants were not the proximate cause of Turnbull's damages. Additionally, defendants contended Turnbull could not demonstrate an invasion of privacy because there is no privacy interest in a medical off-work note, which contains no medical information.

In regard to the third cause of action, defendants asserted Turnbull could not prevail because defendants were not the proximate cause of her damages, e.g., OGSD independently decided to terminate Turnbull's employment and LVUSD voters independently decided to recall Turnbull. Next, defendants contended Turnbull could not demonstrate she was subjected to threats of violence as required for a violation of Civil Code section 52.1. In regard to the allegation that LVUSD resources were used to retaliate against Turnbull, defendants asserted the claim failed because Turnbull failed to allege what resources, if any, were used.

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Bluebook (online)
234 Cal. Rptr. 3d 488, 24 Cal. App. 5th 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turnbull-v-lucerne-valley-unified-sch-dist-calctapp5d-2018.