Doe v. County of Orange (Sept. 2, 2025, G064562) __ Cal.App.4th __ [2025 WL 2505955]
After John Doe was placed on an involuntary 72-hour psychiatric hold pursuant to Welfare and Institutions Code section 5150, the Orange County Sheriff’s Department generated a confidential mental health record of the incident. Sheriff’s Department employee Robert Reyna later gave this record to Doe’s sister, who claimed she was concerned about him. She and her attorney then used the information to coerce Doe to dismiss his lawsuit against her. Doe sued the County under section 5330, which authorizes an action against anyone who unlawfully discloses section 5150 records. A jury found that Reyna unlawfully disclosed records, awarded Doe damages, and apportioned 25 percent fault to Doe’s sister and her attorney. The trial court granted the County’s motion for partial JNOV, ruling there was no substantial evidence of willfulness, and refused to award treble damages as required for willful violations. Doe appealed.
The Court of Appeal reversed. The court explained that under section 5330, persons who “willfully and knowingly” disclose confidential medical records to unauthorized recipients are liable for the greater of $10,000 or treble damages, plus costs and attorney’s fees. The court held that a person “willfully and knowingly” releases confidential records when they intentionally release them to a person they know is not entitled to them and the disclosure violates the Lanterman-Petris-Short Act. The court held the plaintiff did not need to establish bad faith, ill intent, or knowledge that further harm would flow from the wrongful disclosure. Applying that standard, the trial court erred by granting JNOV: there was substantial evidence that Reyna willfully and knowingly released Doe’s confidential section 5150 record to his sister knowing she was not entitled to it.
