Defendants’ motion for summary judgment/adjudication. Motion granted in part and denied in part.
The for summary judgment is denied. The motion for summary adjudication is denied as to issues 1-4 and issue 5 to the extent it is based on lack of serious emotional distress, as specified below.
Defendant’s motion for summary adjudication as to Issue No. 5 to the extent it is based on the lack of duty and Issue No. 6, is treated as a motion for judgment on the pleadings and GRANTED as specified below.
Issue Nos. 1-3. Defendants have failed to meet their initial burden with respect to these issues, and plaintiffs Sue Gross, Sally Warpinski, Joseph Warpinski, M.D., and Sandra Stubban (collectively, plaintiffs) have also demonstrated they are entitled to relief with respect to these issues under Code of Civil Procedure section 437c, subdivision (h).
With respect to the first cause of action for intrusion into private affairs (Issue No. 1) and second cause of action for recording of confidenti