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Frayo v. Martin et al. (CA6 H050689, filed 5/29/24, pub. 6/21/24) Confidentiality of Medical Information Act

By June 21, 2024June 22nd, 2024Privacy
Appellant Ryan Owen Frayo appeals the judgment entered after the trial court sustained a demurrer to his first amended complaint without leave to amend.  After being terminated for refusing to take a COVID-19 test, Frayo sued his employer, A&A Organic Farms Corporation (A&A) and its owners, Andrew D. Martin and Aimee M. Raphael‑Martin (collectively with A&A, respondents), alleging they violated the Confidentiality of Medical Information Act (CMIA) (Civ. Code, § 56 et seq.).  After providing Frayo an opportunity to cure the defects in his initial complaint, the trial court sustained A&A’s demurrer to Frayo’s first amended complaint, finding Frayo failed to state a claim under the CMIA.  For the reasons we explain below, we affirm.