C. M. v. MarinHealth Medical Group, Inc.

BACKGROUND

15 Plaintiff C.M. sues defendant MarinHealth Medical Group, Inc.1 for a number of privacy 16 right claims. Plaintiff alleges that MarinHealth failed “to implement adequate and reasonable 17 measures to ensure that the “personally identifiable information (‘PII’) and protected health 18 information (‘PHI’) (collectively, ‘Private Information’)” was protected and instead allowed 19 “unauthorized third parties, including Meta Platforms, Inc. d/b/a Facebook (“Facebook”) to 20 intercept” information regarding users’ use of defendants’ websites to seek healthcare related 21 services through implementation of Meta’s “Pixel” technology. Compl. ¶¶ 5-7. MarinHealth 22 moves to dismiss four of the nine causes of action alleged, seeking dismissal of the claims for: (1) 23 negligence; (2) breach of implied contract; (3) larceny, Cal. Penal Code § 496(a)&(c); and (4) 24 unjust enrichment.2 25

26 1 Plaintiff alleges MarinHealth “is an organization consisting of three major divisions—a hospital, foundation, and network of expert clinicians—offering a wide range of clinical services to patients 27 in Northern California.” Compl. ¶¶ 1-4. 1 LEGAL…