Case details

Plaintiff alleged store owner filmed her changing her clothes

SUMMARY

$48868

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Since August 2007, plaintiff Janet Padilla, 19, worked as a cashier in a Subway chain restaurant in Montclair, owned by Hakam Singh and Jaspreet Grewal. In February 2011, Padilla was told by a coworker that as Padilla would come in and change in a storage room five minutes before her shift started, Singh would accordingly leave the cashier area and briefly go into the storage room 10 minutes before Padilla’s shift would start. After Padilla would finish changing and go to the cashier’s area, Singh would go back into the storage room and return. Subsequently, Padilla set up her cell phone to record while she went to the storage room to change, and the video showed Singh going to retrieve his cell phone. Padilla claimed that Singh knowingly videotaped her while she was changing, thus invading her privacy. Padilla quit her position. Padilla sued Singh for sexual harassment, invasion of privacy and negligent infliction of emotional distress. Grewal was also sued for vicarious liability, as co-owner of the store, under Government Code Section 12490. Singh denied Padilla’s allegations and contended that he was using his cell phone to monitor if his son was smoking or not., Padilla sought recovery for her emotional distress. She did not have any health insurance and claimed that she could not seek any psychological counseling. She claimed that she could no longer continue to work at the store. She remained unemployed for a few months after she quit in February 2011. She did find a comparable job then, but it did not pay as much. Padilla claimed that after the incident she had a hard time trusting people and that it changed her view of the world. She saw Singh as a father figure, as she claimed he used to tell her she was like a daughter to him. As such, Padilla claimed this ruined her view of the relationship, as she felt as though Singh had abused her trust.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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