Bahan

Plaintiff Leon Bahan appeals from a summary judgment entered in favor of defendant Dr. Morton Kurland.

On May 5, 1978, plaintiff instituted this action for damages against Dr. Morton Kurland and the State of California alleging three purported causes of action (intentional infliction of emotional distress; negligent infliction of emotional distress; and medical malpractice). The gravamen of the verified complaint was that plaintiff, while receiving psychiatric treatment at the Desert Hospital Mental Health Clinic in Palm Springs, was solicited by defendant, who was the chief psychiatrist at the clinic and plaintiffs treating physician, to burglarize the office of Dr. James O’Connor and to murder Dr. O’Connor in exchange for a sum of money and a free supply of controlled substances. It was alleged in the complaint that in soliciting plaintiff to commit these crimes, defendant acted “upon his own initiative.” However, it was also alleged that the Desert Hospital Mental Health Clinic was an agency of the State of California and that “[a]t all relevant times herein mentioned, [Dr. Kurland] was, and is, an employee of the Desert [Hospital] Mental Health Clinic and the State…