Associates

Colleen M. v. Fertility & Surgical Associates of Thousand Oaks

Good Law
132 Cal. App. 4th 1466·2005 Cal. App. LEXIS 1520·2005 Daily Journal DAR 11805·34 Cal. Rptr. 3d 439·2005 Cal. Daily Op. Serv. 8682
Court of Appeal of CaliforniaSeptember 28, 2005B172083California4,807 words

Opinion

Opinion

Johnson, J.

Colleen M. (Colleen) brought an action for invasion of privacy and infliction of emotional distress against Fertility and Surgical Associates of Thousand Oaks (Associates) alleging Associates wrongfully disclosed the contents of her medical records to her ex-fiancé and to the attorney representing him in a separate action. The trial court granted Associates’ motion for summary judgment on the grounds the undisputed facts showed Colleen had no reasonable expectation of privacy in her records and their disclosure was authorized under the Confidentiality of Medical Information Act (CMIA), Civil Code sections 56 through 56.37. The court subsequently entered judgment for Associates and Colleen filed a timely appeal. We affirm.

FACTS AND PROCEEDINGS BELOW

The following facts are undisputed.

Colleen and Ronald O. (Ronald) were engaged for about a year. When their engagement ended they agreed Colleen could make charges on Ronald’s credit card. According to Colleen’s understanding of the agreement she would not be responsible for payment of the charges she created. Ronald would be fully responsible for the charges in order to offset a debt he owed to Colleen.

Several months…

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