Calderon

Calderon v. Glick

Good Law
131 Cal. App. 4th 224·2005 Cal. App. LEXIS 1121·2005 Daily Journal DAR 8816·31 Cal. Rptr. 3d 707·2005 Cal. Daily Op. Serv. 6419
Court of Appeal of CaliforniaJuly 21, 2005B177040California3,043 words

Opinion

Opinion

Yegan, J.

A deranged and suicidal gunman shot and killed three members of his former girlfriend’s family. He wounded two more. The gunman had been the patient of psychotherapists but he had not communicated any threats of physical violence against the former girlfriend or members of her family. We empathize with the remaining members of the family but the Legislature has expressly precluded monetary recovery from psychotherapists in this situation.

This is an appeal from the judgment entered following the grant of respondents’ motion for summary judgment. Respondents are psychotherapists. Their patient Reynoldo Rodriguez (Rodriguez) shot and killed three members of appellants’ family and injured more relatives. Appellants’ complaint alleged causes of action for wrongful death and personal injuries based on failure to warn and professional malpractice. We affirm.

Facts

Dr. Bruns-Garcia was the owner of La Mer Medical group (hereafter La Mer). On June 28 and 29, 2001, Rodriguez went to La Mer for mental health reasons. He was evaluated by a psychiatrist, Dr. Howard Click, and a licensed marriage and family therapist, Dr. Thomas Wright. Dr. Wright had a master’s degree and a Ph.D.…

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