Brown v. Mortensen

CURREY, J.*

*935This case resolves two obscure and previously unaddressed state constitutional issues: Does article I, section 16 of the California Constitution guarantee the right to a jury trial for (1) nominal statutory damages claims, and/or (2) claims for attorneys' fees, under the Confidentiality of Medical Information Act (CMIA) ( Civ. Code, §§ 56 et seq.1 )?

With little useful guidance from the parties, no controlling precedent, and the three-year postremittitur deadline for bringing the case to trial about to expire,2 the experienced and highly regarded trial judge concluded it does…