Jackson v. USA

facts, and professional negligence under California common law, 25 as well as a violation of the Unruh Act, Cal. Civ. Code §§ 51, 26 52. (See Compl. (Docket No. 1).) The United States now moves to 27 dismiss plaintiff’s claims in their entirety as against it. (See 28 Mot. to Dismiss (Docket No. 13-1).) Plaintiff was a patient of Wellspace Health (“Wellspace”), a California non-profit which plaintiff alleges “operates as a federally funded clinic.” (Compl. ¶¶ 2, 9.) Plaintiff’s physician at Wellspace was Dr. Troy Singh. (Id.) Plaintiff alleges that without her permission Dr. Singh shared her phone number (to which he had access by virtue of his role as her health care provider at Wellspace) and her relationship status with David Smith, and that Smith subsequently sent her an unwanted text of a sexual nature. (Compl. Ex. 1. (“FTCA Claim).) After submitting a claim to the United States Department of Health and Human Services, see (FTCA Claim); 28 U.S.C. § 2675(a), plaintiff initiated this action against the United States and Smith in this court. (Docket No. 1.) Plaintiff’s suit names the United States--but…