Cross v. Superior Court

The psychotherapist-patient privilege may not be raised in opposition to producing patient records in a Medical Board investigation, but to protect the patient’s privacy rights the subpoena must be carefully tailored to request only records that are relevant and material to a compelling state interest, such as avoiding over-prescription of controlled substances. B&P 2225(a) provides…

Glassdoor, Inc. v. Superior Court

A company with a website for anonymous online postings about employment experiences has standing to assert the privacy and First Amendment rights of its posters, and to force disclosure of their identities, the plaintiff must first prove a prima facie claim against the poster.  Distinguishing Matrixx Initiatives, Inc. v. Doe (2006) 138 Cal.App.4th 872 as…

Doe v. Superior Court

After trial court clerk improperly posted copy of confidential pleading that revealed plaintiff’s true name in his revenge porn lawsuit (in which plaintiffs are ordinarily permitted to proceed anonymously), the trial court compounded the error by ruling that all future filings would have to be in plaintiff’s real name.  Civil Code 1708.85 authorizes an action…

Facebook, Inc. v. Power Ventures, Inc.

For purposes of the Consumer Fraud and Abuse Act, both Facebook and its individual users had to consent before defendant could have its users initiate Facebook messages inviting others to use defendant’s website; the consent of the individual users alone was insufficient.  Power did not violate the CAN-SPAM Act (15 USC 7704) by having its…

People ex rel. Harris v. Delta Air Lines, Inc.

The federal Airline Deregulation Act preempts California’s Online Privacy Protection Act, so Delta Airlines does not have to comply with the latter in constructing its mobile phone app.  The Airline Deregulation Act preempts California’s Online Privacy Protection Act (B&P Code 22575-22579) insofar as that act would otherwise apply to airlines.  The act requires operators of…