Johnson v. Superior Court

Civil Code section 43.8 provides civil immunity for a person who communicates information “intended to aid in the evaluation of the qualifications, fitness, character, or insurability of a practitioner of the healing or veterinary arts.” In this original proceeding, we hold that section 43.8 bars a malicious prosecution action filed by a psychologist against two individuals who served as expert consultants in connection with disciplinary proceedings before the California Board of Psychology and Board of Behavioral Science Examiners (the Boards).

Facts and Procedural History

In 1991, the Boards filed disciplinary proceedings against Michael Gass, Ph.D. (plaintiff), a licensed psychologist, clinical social worker and marriage, family and child counselor. The Boards accused plaintiff of failing to warn one of his patients that her husband had threatened to kill her (which he subsequently did), and failing to adequately supervise an apprentice clinical social worker. Petitioners, who are also psychologists, served as expert consultants to the Boards. After disciplinary hearings were conducted, the Boards determined that there was not adequate cause to discipline…