Doe

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JANE DOE, Case No. 23-cv-04411-WHO

Plaintiff,

ORDER ON MOTION TO DISMISS

v. 9 Re: Dkt. No. 47 COUNTY OF SANTA CLARA, Defendant.

Plaintiff brings this class action on behalf of all patients or prospective patients of the Santa Clara Valley Medical Center (“SCVMC”) who exchanged communications with SCVMC through SCVMC’s websites and patient portal. Second Amended Complaint (“SAC”) ¶ 334. Defendant County of Santa Clara moves to dismiss each of the claims asserted against it. For the reasons discussed below, that motion is GRANTED in part and DENIED in part. BACKGROUND Plaintiff is a resident of Santa Clara County, California, who alleges that she has used SCVMC’s website and patient portal (“Portal”) since 2018 to search for doctors, access her lab results, schedule doctor’s appointments, refill prescriptions, and communicate with her doctors.1 SAC ¶ 18. She states that during “her interactions inside the patient portal” she…