Gonzalez

Plaintiffs Arturo A. Gonzalez and Maria D. Gonzalez áppeal summary judgments for defendants Paradise Valley Hospital (the Hospital) and Jon E. Highum, M.D. The Gonzalezes sued the defendants for professional negligence, arising from the death of their son Arturo Gonzalez (Arturo) after he escaped from the Hospital’s psychiatric unit during an involuntary 72-hour hold under Welfare and Institutions Code section 5150. The Gonzalezes contend the trial court erred by ruling that under this court’s opinion in Heater v. Southwood Psychiatric Center (1996) 42 Cal.App.4th 1068 [ 49 Cal.Rptr.2d 880 ] (Heater), section 5278 immunizes the defendants from any breaches of the applicable standards of care during the detention. We agree with the Gonzalezes, based on our recent holding in Jacobs v. Grossmont Hospital (2003) 108 Cal.App.4th 69 [ 133 Cal.Rptr.2d 9 ] (Jacobs), and reverse the judgments. We conclude section 5278 provides no immunity for negligence during a 72-hour hold.

FACTUAL AND PROCEDURAL BACKGROUND

Arturo had a history of paranoid schizophrenia. On the evening of September 26, 1999, Arturo, after a period of not taking his medication, attempted to choke his mother.…