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Judgment affirmed. As a nonparticipant and nonlitigant to the judicial proceedings between plaintiff and her husband, defendant was not protected from liability as a result of defendant's unauthorized disclosure of plaintiff's prescription drug information. By special verdict, a jury awarded plaintiff $100,000.
The court rejected defendant's contention. The court determined that plaintiff's husband was privileged to use the prescription list in litigation. However, as a nonparticipant and nonlitigant to the judicial proceedings between plaintiff and her husband, defendant was not protected from liability under California Civil Code 47(b)
On appeal, defendant claimed the trial court erroneously permitted plaintiff to introduce evidence of her husband's use of the printout in the dissolution litigation.
Plaintiff filed a complaint against Payless alleging that on January 31, 1997, while she was in the midst of a seperation from her former husband, Rick Wise, Payless wronfully and without plaintiff's authorization, disclosed to Mr. Wise "sensitive, private and confidental information regarding the medications and treatments that plantiff's treating physicians had prescribed for various health-related conditions."