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Case Number: VU292564
Judge: Bret D. Hillman
Court: Superior Court, Tulare County, California
Defendant's Attorney: James D. Weakley and Matthew P. Bunting for Defendants
Description: Visalia, California civil rights lawyers represented Plaintiff who sued Defendants on wrongful termination theories.
Plaintiffwas placed on unpaid administrative leave and then terminated from her employment with defendantSequoia Union Elementary School District(the School District) after refusing to either provide verification of her COVID-19 vaccination status or undergo weekly testing as required bya then-operative order of the State Public Health Officer.
Plaintiff brought suit under the Confidentiality of Medical Information Act (CMIA) (Civ.Code,§56 et seq.)1against defendants the School District; Sequoia Union Elementary School(the School) where she worked;and Ken Horn, the School principal and superintendent.The complaint asserted two causes of action under the CMIA, alleging (1)discrimination due to her refusal to authorize release of her medical information and (2)unauthorized use of her medical information. The trial court sustained defendants’ demurrer without leave to amend, finding each claim failed as a matter of law due to certain statutory exceptions.
Outcome: Dismissed with prejudice. Affirmed on appeal.