Budwin

Budwin v. American Psychological Assn.

Good Law
1994 Cal. App. LEXIS 412·24 Cal. App. 4th 875·29 Cal. Rptr. 2d 453·94 Daily Journal DAR 5752·94 Cal. Daily Op. Serv. 3023
Court of Appeal of CaliforniaApril 28, 1994C015589California3,370 words

Opinion

Opinion

Davis, J.

The principal issue in this appeal is whether a private, voluntary association of psychologists is prohibited under the litigation privilege of Civil Code section 47, subdivision (b), or the doctrine of “quasi-judicial immunity,” from censuring one of its members for presenting false statements as a court-appointed expert in a child custody proceeding. We conclude the association is not prohibited from imposing such discipline. Accordingly, we reverse the summary judgment in favor of the psychologist.

Background

Pursuant to California Evidence Code section 730, Dr. Howard Budwin, a licensed psychologist, was appointed by the Sacramento Superior Court to serve as a neutral expert in a 1987 child custody proceeding. In that proceeding, Dr„ Budwin submitted a written report and testified regarding his custody recommendation. The court followed that recommendation, which was to separate the two children involved—with the mother retaining custody of the older daughter but relinquishing custody of the younger one.

The mother in the custody proceeding, Margaret Jahn, filed a complaint against Dr. Budwin with the state Board of Medical Quality Assurance. While that complaint…

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