Ferraro

I respectfully dissent. The trial court entered judgment after sustaining a general demurrer without leave to amend to the Ferraros' initial complaint on the sole ground the conduct alleged is absolutely immune from civil liability under Penal Code 1 section 11172, subdivision (a). On review, the appellate court's role is well established. If we find any of the alleged conduct may not be subject to absolute immunity and if the complaint therefore states any viable cause of action against Chadwick/Children's Hospital, we should reverse the judgment. I. ABSOLUTE IMMUNITY Initially the majority correctly notes the Legislature enacted the Child Abuse Reporting Law, section 11165 et seq., as "a comprehensive reporting scheme aimed toward increasing the likelihood that child abuse victims would be identified. " 2 (Maj. opn., ante, at p. 90, italics added.) *Page 98 The Ferraros' complaint alleges Chadwick/Children's Hospital reported to the proper authorities on October 9 or 10, 1983, their suspicions of suspected child abuse by the Ferraros identifying the Ferraros' son, Douglas, as the victim, who died at Children's Hospital on October 10. The complaint further alleges that as a…

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 88 OPINION John and Michelle Ferraro and their daughter April appeal from a judgment of dismissal of their complaint for negligent infliction of emotional distress, intentional infliction of emotional distress and malicious prosecution entered after the trial court sustained the demurrer of David Chadwick, M.D., and Children's Hospital to the complaint without leave to amend. FACTS (1) The facts are taken from the Ferraros' complaint because a "demurrer is to be treated as admitting the truthfulness of all properly pleaded factual allegations of the complaint, but not contentions, deductions or conclusions of fact or law. . . ." ( Porten v. University of San Francisco (1976) 64 Cal.App.3d 825 , 827-828 [ 134 Cal.Rptr. 839 ].) On October 9, 1983, Douglas Allen Yates, Jr., fell down the stairs and was taken to Bay General Hospital in Chula Vista and later transferred to Children's Hospital. Douglas, the natural son of Michelle Ferraro and the stepson of John Ferraro, died on October 10, 1983. He was approximately one month shy of his third…

John and Michelle Ferraro and their daughter April appeal from a judgment of dismissal of their complaint for negligent infliction of emotional distress, intentional infliction of emotional distress and malicious prosecution entered after the trial court sustained the demurrer of David Chadwick, M.D., and Children’s Hospital to the complaint without leave to amend.

Facts

The facts are taken from the Ferraros’ complaint because a “demurrer is to be treated as admitting the truthfulness of all properly pleaded factual allegations of the complaint, but not contentions, deductions or conclusions of fact or law. . . .” (Porten v. University of San Francisco (1976) 64 Cal.App.3d 825, 827-828 [ 134 Cal.Rptr. 839 ].)

On October 9, 1983, Douglas Allen Yates, Jr., fell down the stairs and was taken to Bay General Hospital in Chula Vista and later transferred to Children’s Hospital. Douglas, the natural son of Michelle Ferraro and the stepson of John Ferraro, died on October 10, 1983. He was approximately one month shy of his third birthday.

The Ferraros’ complaint, filed September 22, 1986, consisted of four causes of action: (1) negligent infliction of emotional distress and…