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6 California opinions name it 1 courts 2021–2024 6 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gonzaga University v. Doegreen2 sentences2022“Although section 1983 does on its face apply to both federal constitutional and federal statutory rights, if there is no basis for a private right of action under the particular federal statute, that statute does not create a federal right for purposes of section 1983.” (Huling v. City of Los Banos, supra, 869 F.Supp.2d at p. 1154 ; see also Gonzaga University v. Doe (2002) 536 U.S. 273, 286 [ 153 L.Ed.2d 309, 322-323 ].) Taft wishes to file a section 1983 violation based on “HIPAA violations,” but “HIPAA provides no private right of action.” (Huling, at p. 1154; Dodd v. Jones, supra, 623 F.3 2022“Although section 1983 does on its face apply to both federal constitutional and federal statutory rights, if there is no basis for a private right of action under the particular federal statute, that statute does not create a federal right for purposes of section 1983.” (Huling v. City of Los Banos, supra, 869 F.Supp.2d at p. 1154 ; see also Gonzaga University v. Doe (2002) 536 U.S. 273, 286 [ 153 L.Ed.2d 309, 322-323 ].) Taft wishes to file a section 1983 violation based on “HIPAA violations,” but “HIPAA provides no private right of action.” (Huling, at p. 1154; Dodd v. Jones, supra, 623 F.3 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Denham v. Superior Court
green
2 sentences2021(See Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) As for CMIA, it contains a number of exceptions that seem to permit disclosure of Y.C.’s assessment interview to the probation department, juvenile court, and other parties participating in Y.C.’s treatment and care. 2021(See Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) As for CMIA, it contains a number of exceptions that seem to permit disclosure of Y.C.’s assessment interview to the probation department, juvenile court, and other parties participating in Y.C.’s treatment and care. | 2 | 2021–2021 |
Carter v. Escondido Union High School District
green
1 sentence2024Intellectual property theft and HIPAA violation Singh claimed Govindaswami “inserted his name” into her cleft palate research paper without justification, and then sent it to be published without her approval, which constituted theft of her intellectual property. [holding that although disclosed information does not need to be unknown to the recipient, affirming that “disclosure” means to make something openly known or “open [something] up to general knowledge”].) 28 As with her other objections, though, the record is devoid of evidence that Singh had a “reasonable belief” there had been a “vi | 1 | 2024–2024 |
cluster 445698
green
1 sentence2024(See Pritchard-Keang Nam Corp. v. Jaworski (8th Cir. 1984) 751 F.2d 277 , 284 [decisions about attorney-client privilege “should not be based on a rigid analysis”; rather, “the focus is on whether the detriment to justice from 7 We do not decide whether the declaration RDL asked Flanigan to sign implicated perjury, but we note that the record contains evidence showing Metzger had asked various RDL employees, including Flanigan, Morris, and Kazdan for evidence of Azarraga’s alleged HIPAA violation, and that no one provided it to him. | 1 | 2024–2024 |
Dodd v. Jones
green
2 sentences2022“Although section 1983 does on its face apply to both federal constitutional and federal statutory rights, if there is no basis for a private right of action under the particular federal statute, that statute does not create a federal right for purposes of section 1983.” (Huling v. City of Los Banos, supra, 869 F.Supp.2d at p. 1154 ; see also Gonzaga University v. Doe (2002) 536 U.S. 273, 286 [ 153 L.Ed.2d 309, 322-323 ].) Taft wishes to file a section 1983 violation based on “HIPAA violations,” but “HIPAA provides no private right of action.” (Huling, at p. 1154; Dodd v. Jones, supra, 623 F.3 2022“Although section 1983 does on its face apply to both federal constitutional and federal statutory rights, if there is no basis for a private right of action under the particular federal statute, that statute does not create a federal right for purposes of section 1983.” (Huling v. City of Los Banos, supra, 869 F.Supp.2d at p. 1154 ; see also Gonzaga University v. Doe (2002) 536 U.S. 273, 286 [ 153 L.Ed.2d 309, 322-323 ].) Taft wishes to file a section 1983 violation based on “HIPAA violations,” but “HIPAA provides no private right of action.” (Huling, at p. 1154; Dodd v. Jones, supra, 623 F.3 | 1 | 2022–2022 |
Balikov v. SOUTHERN CALIFORNIA GAS COMPANY
neutral
2 sentences2022(Ibid.) Leave to Amend Taft claims he “should be granted leave to amend.” “ ‘If the plaintiff cannot show an abuse of discretion, the trial court’s order sustaining the demurrer without leave to amend must be 9 affirmed.’ ” (Balikov v. Southern Cal. Gas Co. (2001) 94 Cal.App.4th 816, 820 .) Taft filed a motion for reconsideration but did not show he could amend to plead a valid cause of action. 2022(Ibid.) Leave to Amend Taft claims he “should be granted leave to amend.” “ ‘If the plaintiff cannot show an abuse of discretion, the trial court’s order sustaining the demurrer without leave to amend must be 9 affirmed.’ ” (Balikov v. Southern Cal. Gas Co. (2001) 94 Cal.App.4th 816, 820 .) Taft filed a motion for reconsideration but did not show he could amend to plead a valid cause of action. | 1 | 2022–2022 |
Critzer v. Enos
green
1 sentence2022Although a judge hearing a section 664.6 motion may receive evidence, determine disputed facts, and enter the terms of a settlement agreement as a judgment [citations], nothing in section 664.6 authorizes a judge to create the material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon.’ ” (Critzer v. Enos, supra, 187 Cal.App.4th at p. 1252 .) Louis argues “the fundamental issue in this appeal” is whether the settlement agreement prohibits him from sharing his concerns about Steven accessing his protected medical information in the HIPAA | 1 | 2022–2022 |
Huling v. City of Los Banos
green
2 sentences2022“Although section 1983 does on its face apply to both federal constitutional and federal statutory rights, if there is no basis for a private right of action under the particular federal statute, that statute does not create a federal right for purposes of section 1983.” (Huling v. City of Los Banos, supra, 869 F.Supp.2d at p. 1154 ; see also Gonzaga University v. Doe (2002) 536 U.S. 273, 286 [ 153 L.Ed.2d 309, 322-323 ].) Taft wishes to file a section 1983 violation based on “HIPAA violations,” but “HIPAA provides no private right of action.” (Huling, at p. 1154; Dodd v. Jones, supra, 623 F.3 2022“Although section 1983 does on its face apply to both federal constitutional and federal statutory rights, if there is no basis for a private right of action under the particular federal statute, that statute does not create a federal right for purposes of section 1983.” (Huling v. City of Los Banos, supra, 869 F.Supp.2d at p. 1154 ; see also Gonzaga University v. Doe (2002) 536 U.S. 273, 286 [ 153 L.Ed.2d 309, 322-323 ].) Taft wishes to file a section 1983 violation based on “HIPAA violations,” but “HIPAA provides no private right of action.” (Huling, at p. 1154; Dodd v. Jones, supra, 623 F.3 | 1 | 2022–2022 |
Series AGI West Linn of Appian Group Investors DE, LLC v. Eves
green
1 sentence2022Louis acknowledges case law stating that “courts assume that each party to a contract is alert to, and able to protect, his or her own best interests. [Citations.] Therefore, courts will not rewrite contracts to relieve parties from bad deals nor make better deals for parties than they negotiated for themselves.” (Series AGI West Linn of Appian Group Investors DE, LLC v. Eves (2013) 217 Cal.App.4th 156, 164 .) As Louis agreed to provide an unconditional HIPPA waiver, the probate court could not rewrite their settlement agreement to include Louis’s proposed conditions. “ ‘Section 664.6 was enac | 1 | 2022–2022 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.