McClintock

McClintock v. West

Good Law
162 Cal. Rptr. 3d 61·219 Cal. App. 4th 540
Court of Appeal of CaliforniaSeptember 9, 2013G046483California6,134 words

Opinion

Opinion

Moore, J.

This is an appeal from a judgment after a demurrer was sustained without leave to amend. Plaintiff Douglas McClintock sued Michelle West and the Law Offices of Michelle West (collectively the West defendants) for damages resulting from West’s purported misconduct while acting as his guardian ad litem during a divorce proceeding. At all times in the underlying case, West was acting under the supervision of an experienced family law judge.

The court sustained the West defendants’ demurrer to McClintock’s second amended complaint, concluding that the doctrine of quasi-judicial immunity and the litigation privilege, among other things, precluded McClintock’s claims. We agree and affirm.

I

FACTS

A. The Divorce Action

In 2006, McClintock’s wife, Sara, filed for divorce. Sara, like McClintock, an attorney, sought legal and physical custody of the couple’s two children and intended to relocate to the Midwest. When the case was called for trial in February 2008, McClintock did not appear. His attorney, Stephen Kaufman, advised the court that he had checked himself into a hospital in Massachusetts for severe depression. The court refused to grant a continuance without evidence…

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