Black v. Department of Mental Health

Douglas Black, acting as administrator of his deceased brother’s estate, appeals from the judgment entered in favor of the State of California after the state’s demurrers to the first amended complaint were sustained without leave to amend. For the reasons set forth below, we affirm the judgment.

Facts and Procedural History

Craig Black (decedent) was a long-term mental patient at the former Camarillo State Hospital (Camarillo). With Camarillo set to close in June 1997, decedent’s brother and conservator, Douglas Black (appellant), agreed in February 1997 to have decedent transferred to La Casa Mental Health Center (La Casa), a privately owned facility operating on the grounds of Metropolitan State Hospital (Metropolitan). On May 26, 1997, decedent died at La Casa. He was 54.

Appellant and his parents, Frank Bush Black and Zetta Frances Black, sued the State of California’s Department of Mental Health (the Department) and the Department’s director, Stephen Mayberg, along with Camarillo and Metropolitan. They also sued La Casa and its operator, Telecare Corporation (Telecare).

The operative first amended complaint contained causes of action for wrongful death,…