A former employee has filed a lawsuit against a local nonprofit organization and one of its board members, alleging illegal recording of a private conversation that led to his termination. David Alvarado submitted the complaint on June 18, 2024, in Ventura Superior Court against Fillmore Girls Softball Inc. and Christopher Glen Hammond.
According to the complaint, Alvarado was working as a Public Works Facilities employee for the City of Fillmore on March 20, 2023, when he encountered Hammond at Sheills Park. Alvarado noticed that lights for Field Three were turned on without his authorization and approached Hammond to discuss the matter privately. During this conversation, Hammond allegedly recorded their discussion without Alvarado's knowledge or consent using his cell phone.
The complaint details how Hammond concealed his phone in his pocket while recording the conversation. "At no time did Plaintiff ever provide actual or constructive consent to Hammond to record the outset of their private conversation," states the filing. The unauthorized recording was later used by Hammond during a board meeting of Fillmore Girls Softball Inc., which subsequently led to complaints being made to the City of Fillmore about Alvarado's conduct.
As a result of these complaints, Alvarado claims he was terminated from his job with the City of Fillmore. He only discovered that Hammond had recorded their private conversation after the fact and learned about Hammond's role as a board member around October 5, 2023.
Alvarado accuses the defendants of violating California Penal Code § 632, which prohibits intentional recording of confidential communications without all parties' consent. The code is violated as soon as such a recording is made without consent, regardless of whether it is later disclosed. "Plaintiff was damaged by this unlawful recording by Defendant in an amount to be determined at trial," reads the complaint.
In addition to seeking damages for emotional distress and lost wages, Alvarado is asking for treble damages—an amount three times what he believes he is owed—as well as attorneys' fees and legal expenses incurred due to this incident.
The case has been assigned Case No. 2024CUPP026041 and will be presided over by judges from Ventura Superior Court. Representing David Alvarado are attorneys David P. Myers and Kaci J. Bell from The Myers Law Group, A.P.C.