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California Law (Last Updated: March 4, 2014) |
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Welfare and Institutions Code - WIC |
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Division 5. COMMUNITY MENTAL HEALTH SERVICES |
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Part 1. THE LANTERMAN-PETRIS-SHORT ACT |
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Chapter 2. Involuntary Treatment |
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ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained |
Section 5330.
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(a) Any person may bring an action against an individual who has willfully and knowingly released confidential information or records concerning him or her in violation of this chapter, or of Chapter 1 (commencing with Section 11860) of Part 3 of Division 10.5 of the Health and Safety Code, for the greater of the following amounts:
(1) Ten thousand dollars ($10,000).
(2) Three times the amount of actual damages, if any, sustained by the plaintiff.
(b) Any person may bring an action against an individual who has negligently released confidential information or records concerning him or her in violation of this chapter, or of Chapter 1 (commencing with Section 11860) of Part 3 of Division 10.5 of the Health and Safety Code, for both of the following:
(1) One thousand dollars ($1,000). In order to recover under this paragraph, it shall not be a prerequisite that the plaintiff suffer or be threatened with actual damages.
(2) The amount of actual damages, if any, sustained by the plaintiff.
(c) Any person may, in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin the release of confidential information or records in violation of this chapter, and may in the same action seek damages as provided in this section.
(d) In addition to the amounts specified in subdivisions (a) and (b), the plaintiff shall recover court costs and reasonable attorney's fees as determined by the court.