Jennifer M. v. Redwood Women's Health Center

88 Cal. App. 4th 81, 105 Cal. Rptr. 2d 544, 2001 Cal. Daily Op. Serv. 2599, 2001 Daily Journal DAR 3173, 2001 Cal. App. LEXIS 244
CourtCalifornia Court of Appeal
DecidedMarch 29, 2001
DocketNo. A091317
StatusPublished
Cited by9 cases

This text of 88 Cal. App. 4th 81 (Jennifer M. v. Redwood Women's Health Center) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jennifer M. v. Redwood Women's Health Center, 88 Cal. App. 4th 81, 105 Cal. Rptr. 2d 544, 2001 Cal. Daily Op. Serv. 2599, 2001 Daily Journal DAR 3173, 2001 Cal. App. LEXIS 244 (Cal. Ct. App. 2001).

Opinion

Opinion

McGUINESS, P. J.

Appellant Jennifer M. appeals from a final judgment dismissing her action against respondent Redwood Women’s Health Center (Redwood), a private medical care provider, for violation of the Information Practices Act of 1977 (Civ. Code, § 1798 et seq.)1 and public disclosure of private facts. Jennifer contends the Information Practices Act protected the confidentiality of her medical records because Redwood was providing medical services to low-income Californians pursuant to contract with the state Medi-Cal program; and she insists that the trial court erred in granting summary adjudication on the basis of its finding as a matter of law that Redwood was not an “agency,” as required by the act for purposes of its coverage. We conclude that the trial court’s reading of the Information Practices Act was correct, and therefore affirm the judgment.

Factual and Procedural Background

Redwood is a private medical clinic specializing in obstetrics and gynecology located in Humboldt County. In January 1999, appellant Jennifer came to suspect she had become pregnant by her boyfriend, Anthony Wolf. At the time, Wolf’s previous girlfriend, Kristi Garlinghouse, was also expecting a child by him. At Jennifer’s request, Wolf accompanied Jennifer and her two-year-old daughter from another relationship to Redwood for a pregnancy test. The three were in the doctor’s examining room for approximately 30 minutes.

[84]*84Kristi Garlinghouse first heard about Jennifer’s pregnancy from her former mother-in-law, Daisy Garlinghouse, who told Kristi she had heard “Tony’s new girlfriend” was pregnant. Daisy told Kristi she had simply “heard a rumor” to this effect, and did not know the actual name of the allegedly pregnant girlfriend. Daisy had learned of the “rumor” that “a woman was pregnant” with Tony Wolf’s child from an unidentified woman who approached Daisy with the information while she was shopping at a local Safeway store. The unidentified woman had only mentioned Wolf’s name; Daisy did not know Jennifer, and the latter’s name was not included in the rumor she had heard. Daisy did not know anyone who worked at Redwood.2

Daisy Garlinghouse also related this “rumor” to Darlene Donaho, Kristi Garlinghouse’s niece by marriage. Two or three days after Jennifer’s visit to Redwood, Donaho went to Jennifer’s residence. Jennifer and Wolf, who were living together at the time, both acknowledged to Donaho that Jennifer was pregnant. Jennifer did not appear reluctant to give Donaho this information. Jennifer told Donaho she did not understand how Daisy would know Jennifer was pregnant. Although (according to Donaho) Jennifer said that she and Wolf “had told people,” and thus “[t]here were people that knew,” “she didn’t think she had told anybody that Daisy would know.” For his part, Wolf told Donaho “he was happy and he didn’t care if anybody knew,” because he and Jennifer were going to have the baby and get married. Like Daisy Garlinghouse, Donaho did not know anyone employed at Redwood.

Jennifer herself had no personal knowledge of the source of the rumor. Although she claimed that Daisy Garlinghouse had a friend who worked at Redwood, she had no evidence or information to support this assertion aside from Wolf’s reported hearsay statement to this effect. Upon her attorney’s prompting at her deposition, Jennifer suggested that the first name of Daisy’s “friend” was “Diane.”3 Diane Kearney, an employee at Redwood, testified that she did not know either Daisy or Kristi Garlinghouse, and was not aware [85]*85of any Redwood employee who may have released medical information about Jennifer. Daisy Garlinghouse herself testified that she did not know Diane Kearney or any other employee of Redwood.

Barbara Joan Sisson, the office manager at Redwood, was responsible for overseeing the clinic’s staff. Jennifer telephoned Sisson and complained that her confidential medical information had been disclosed. In response, Sisson called a meeting of the Redwood staff, conferred with them about Jennifer’s allegations, and questioned them, both individually and as a group, concerning whether anyone had disclosed any confidential information about Jennifer’s pregnancy to anyone else. Every member of the staff responded that he or she had not made any such disclosure. Sisson then met with Jennifer and Wolf to discuss their charges. Jennifer told Sisson “[s]he felt that there had been a breach of confidentiality and she wanted the person fired.” Sisson told her: “I talked to all the staff; I don’t feel that has happened through our office.” Jennifer “just kept saying, ‘I want her fired; I want her fired.’ ” Sisson responded, “I don’t know who to fire. ... I don’t have any proof.”

On April 2, 1999, Jennifer filed her complaint against Redwood, alleging two causes of action for damages arising from the alleged breach of confidentiality: first, a statutory cause of action for breach of the Information Practices Act (§ 1798 et seq.) arising from Redwood’s alleged disclosure of Jennifer’s confidential medical information to “un-entitled [sic] third parties”; and second, a cause of action in tort for “public disclosure of private facts.” Redwood moved for summary judgment or summary adjudication, arguing that Jennifer’s entire complaint was unsupported by any evidence, and the Information Practices Act applied only to government agencies and not to private medical facilities such as itself.

Following extensive discovery, briefing and oral argument, the trial court denied Redwood’s motion for summary judgment because of contested [86]*86issues of material fact as to whether Redwood had breached Jennifer’s medical confidentiality. However, the trial court did grant summary adjudication as to the first cause of action under the Information Practices Act, on the grounds Redwood did not constitute an “agency” under the terms of the act and therefore was not covered by its provisions. Jennifer thereafter stipulated to dismissal of her second cause of action with prejudice, and the court entered judgment for Redwood. This appeal timely followed.

Discussion

Any party may move for summary judgment in any action or proceeding by contending that the action has no merit, or there is no defense to the action. (Code Civ. Proc., § 437c, subd. (a).) Code of Civil Procedure section 437c, subdivision (c), requires a trial court to grant summary judgment if all the papers and affidavits submitted, together with “all inferences reasonably deducible from the evidence” and uncontradicted by other inferences or evidence, show that “there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”4 (Code Civ. Proc., § 437c, subd. (c); Saldana v. Globe-Weis Systems Co., supra, 233 Cal.App.3d at pp. 1511-1512; 6 Witkin, Cal. Procedure, supra, Proceedings Without Trial, § 217, p. 629.)

“On appeal, we review the trial court’s decision to grant or deny the summary judgment motion de novo, on the basis of an examination of the evidence before the trial court and our independent determination of its effect as a matter of law.” (Sangster v. Paetkau (1998) 68 Cal.App.4th 151, 163 [80 Cal.Rptr.2d 66]; see also Rubenstein v. Rubenstein (2000) 81 Cal.App.4th 1131, 1143 [97 Cal.Rptr.2d 707]; Zavala v. Arce, supra, 58 [87]*87Cal.App.4th at p. 925 & fn. 8; Villa v.

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88 Cal. App. 4th 81, 105 Cal. Rptr. 2d 544, 2001 Cal. Daily Op. Serv. 2599, 2001 Daily Journal DAR 3173, 2001 Cal. App. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennifer-m-v-redwood-womens-health-center-calctapp-2001.