Fouse v. Shin
According to plaintiff and appellant Michael Fouse, pharmacist Don Shin and Walgreen Company (defendants and respondents in this appeal) violated plaintiffs civil rights under the Unruh Civil Rights Act (the Unruh Act) and committed other tortious acts when Shin refused to fill plaintiffs prescription for a medication to treat plaintiffs acquired immune deficiency syndrome (AIDS) and divulged plaintiffs medical condition to those at the pharmacy. The trial court dismissed plaintiffs first amended complaint on alternative groundsit sustained defendants demurrer without leave to amend and granted their motion to dismiss pursuant to Code of Civil Procedure section 425.16 (the anti-SLAPP statute). In plaintiffs timely appeal, he contends the trial court erred in finding his lawsuit to be a SLAPP suit and awarding attorney fees thereon and in finding no triable issues of fact in the operative pleading. Court agree with plaintiff that the anti SLAPP statute did not apply to defendants alleged misconduct. As to the demurrer, Court hold the trial court erred in dismissing the Unruh Act claim and the claim for intentional infliction of emotional distress, but the court ruled correctly in dismissing the claims for violation of the California Medical Information Act, fraud, and negligence.
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