Scott Hargis sues Calson Care and Bingo Opco over Harbor at Hillsdale senior living photographs

The complaint

Scott Hargis, d/b/a Scott Hargis Photo v. Calson Care San Mateo, LLC; Bingo Opco GP LLC; and Does 1-10, No. 2:26-cv-12923 (C.D. Cal.), was filed November 4, 2026, ECF No. 1 (11 pages), with a jury demand. Hargis is described as an individual architectural photographer residing in Oakland, California, doing business as Scott Hargis Photo. Calson Care San Mateo, LLC is described as a California limited liability company based in San Mateo, California. Bingo Opco GP LLC is described as a Delaware limited liability company registered to do business in California. The complaint alleges, on information and belief, that the two companies together hold the operating license for and jointly own, operate, manage, market, and/or advertise the assisted living and memory care community marketed as Harbor at Hillsdale Senior Living and its website, www.harborathillsdale.com. The Doe defendants are unidentified parties sued by fictitious names, alleged on information and belief to be legally responsible in some manner for the events described.

The works

The complaint says Hargis created ten photographs of the San Mateo senior living community (Exhibit A), that eight of them were registered on October 13, 2022 under Registration No. VA 2-324-167, and that the remaining two were registered on July 5, 2023 under Registration No. VA 2-357-271, with Hargis as author and copyright claimant. The Copyright Office public records show Registration No. VA 2-324-167 as a group registration of 165 published photographs titled "July through September 2022," registered October 13, 2022, and Registration No. VA 2-357-271 as a group registration of 251 published photographs titled "January - June 2023," registered July 5, 2023, each listing Scott William Hargis as author and claimant.

What the complaint alleges

The complaint alleges that the defendants reproduced, modified, distributed, and publicly displayed unauthorized copies of the Photographs on www.harborathillsdale.com for commercial advertising of the community, including beneath a website copyright notice claiming Harbor at Hillsdale rights. It says Hargis sent the defendants a cease-and-desist letter on September 25, 2026, identifying each photograph and its registration and demanding written confirmation by October 9, 2026, that all uses had been removed; that the defendants never responded; and that they removed some but not all of the uses. It alleges that, as of no earlier than October 14, 2026, at least three of the Photographs remained stored on and publicly accessible from the website's servers. It further alleges, on information and belief, that the defendants knowingly encouraged, induced, materially contributed to, or facilitated the unauthorized uses and had the right and ability to stop them with a direct financial interest in the activity.

Claims and relief

The sole claim is copyright infringement under 17 U.S.C. § 501, pleaded as direct and secondary liability under 17 U.S.C. §§ 106 and 501. The prayer seeks a declaration of willful infringement; preliminary and permanent injunctive relief restraining further infringement; statutory damages under 17 U.S.C. § 504(c) or, at Hargis's election, actual damages and profits under § 504(b); delivery up for destruction or other disposition under 17 U.S.C. § 503; costs and reasonable attorneys' fees under 17 U.S.C. § 505; pre- and post-judgment interest; and other relief.