Sutter Health v. Super. Ct.
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In this case, a thief stole a health care provider’s computer containing medical records of about four million patients. The plaintiffs filed an action under the Confidentiality Act, seeking to represent as a class, all of the patients whose records were stolen, with a potential award of about $4 billion against the health care provider. The health care provider demurred to the complaint and moved to strike the class allegations, but the trial court overruled the demurrer and denied the motion to strike. On petition of the health care provider, the Court of Appeal issued an alternative writ of mandate to review the trial court’s rulings. After that review, the Court concluded that plaintiffs failed to state a cause of action under the Confidentiality of Medical Information Act because they did not allege that the stolen medical information was actually viewed by an unauthorized person. The Court therefore granted the health care provider’s petition for a peremptory writ of mandate and directed the trial court to sustain the health care provider’s demurrer without leave to amend and dismiss the action.
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