SUSAN A. v. County of Sonoma

Good Law
1991 Cal. App. LEXIS 1476·2 Cal. App. 4th 88·3 Cal. Rptr. 2d 27·92 Daily Journal DAR 38·19 Media L. Rep. (BNA) 1889
Court of Appeal of CaliforniaDecember 30, 1991A052537California3,255 words

Opinion

Opinion

Chin, J.

Susan, Douglas, and Marcus A. appeal from the trial court’s grant of summary judgment in favor of respondents John Watts Podboy and the County of Sonoma (County) on appellants’ complaint for breach of confidence, invasion of privacy, public disclosure of private facts, false light, defamation, intentional infliction of emotional distress, and negligence. They contend that the trial court erred in finding that Civil Code section 47, subdivision (b), renders absolutely privileged Podboy’s statements to the press regarding Marcus’s arrest on criminal charges. We find, based on the record before us, that summary judgment was improper because neither section 47(b) nor any of the other privileges on which respondents rely applies to Podboy’s statements to the press. Therefore, we reverse.

Factual and Procedural Background

On December 7, 1987, the Santa Rosa police arrested Marcus (age 14) on suspicion of attempted murder and took him into custody at juvenile hall. Marteen Miller, the public defender, asked Podboy, a forensic psychologist, to evaluate Marcus for defense purposes. Pursuant to this request, Podboy met with and interviewed Marcus.

A reporter telephoned Podboy…

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