John Doe vs. A.J. Boggs & Company/COMPLEX // REMOVED TO FEDERAL COURT

(hereinafter referred to as the “‘Act”), Plaintiff JOHN DOE (“P1aintiff’), and all other persons

similarly situated, had a right t0 keep their personal medical information provided t0 Defendant A.J.

BOGGS & COMPANY (“A.J. Boggs” or “Defendant”) confidential. The short title of the Act

10 states, “The Legislature hereby finds and declares that persons receiving health care services have a

11 right t0 expect that the confidentiality of individual identifiable medical information derived by

12 health service providers be reasonably preserved. It isthe intention 0f the Legislature in enacting

13 this act, to provide for the confidentiality 0f individually identifiable medical information, While

14 permitting certain reasonable and limited uses 0f that information.” The Act specifically provides

15 that “a provider of health care, health care service plan, 0r contractor shall not disclose medical

16 information regarding a patient of the provider of health care or an enrollee or subscriber of a health

17 care service plan without first obtaining an authorization...” Civil Code. § 56.10(a). The Act

18 further provides that “Every provider of health care, health care service plan, pharmaceutical

19 company, or contractor who creates, maintains, preserves, stores, abandons, destroys, or disposes of

20 medical records shall do so in a manner that preserves the confidentiality of the information

21 contained therein. Any provider of health care, health care service plan, pharmaceutical company,

22 or contractor who negligently creates, maintains, preserves, stores, abandons, destroys, or disposes

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1

A court may permit plaintiff to proceed under a fictitious name when exceptional circumstances

justify protecting his or her true identity, including matters of a highly sensitive and personal nature

(e.g., HIV—positive status). Doe v. Sup.Ct. (Luster) (2011) 194 Ca1.App.4th 750, 754, The Ninth

26

Circuit permits the use of pseudonyms in unusual cases where concealing a party’s identity is

necessary t0 protect that party from “harassment, injury, ridicule, or personal embarrassment.”

27

United States v. Doe, 655 F.2d 920, 922 n. 1 (9th Cir. 1981); Does I thru XXIII v. Advanced Textile,

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214 F.3d 1058, 1086 (9‘11Cir. 2000). A pseudonym has been used in place of Plaintiff’s real name

due t0 privacy concerns as Plaintiff has a reasonable fear of severe stigma, harm, harassment,

injury, ridicule, and personal embarrassment in light 0f the nature of the case.

Causes of Action

COMPLAINT FOR

DAMAGES AND INJUNCTIVE RELIEF

FOR VIOLATIONS OF:

(1) THE CONFIDENTIALITY 0F

MEDICAL INFORMATION ACT,

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CIVIL CODE §§ 56, ETSEQ.

1-100;

DEMAND FOR JURY TRIAL

.1.