Doe

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JANE DOE, Case No. 23-cv-00598-WHO

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

REGENTS OF THE UNIVERSITY OF Re: Dkt. No.

CALIFORNIA,

11 Defendant.

12 Defendant, doing business as UCSF Medical Center (“UCSF”), moves to dismiss the express breach of contract claim from plaintiff’s Amended Complaint (“AC”). I dismissed the 14 breach of contract claim with leave to amend in my May 2023 Order because plaintiff Jane Doe 15 had not adequately alleged that she had received or otherwise sufficiently assented to UCSF’s 16 Health Notice of Privacy Practices Act or Website Privacy Statement to state a breach of express contact claim. May 2023 Order at 9-10. She has now, and UCSF’s motion is DENIED. 18 In the AC, plaintiff alleges three sources for her breach of express contract claim: Terms 19 and Conditions for UCSF MyChart (“MyChart Terms and Conditions”), AC ¶¶ 25-31; (2) UCSF 20 website Terms of Use, which incorporate by reference the Privacy Policy Statement, AC…