Speaker Ex Rel. Speaker v. COUNTY, SAN BERNARDINO

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT MICHAEL Z. JOHNSON’S MOTION TO EXCLUDE AS EVIDENCE AT TRIAL COMMUNICATIONS BETWEEN DR. BONNIE MATHEWS AND HIM AS BEING PROTECTED BY THE PSYCHOTHERAPIST/PATIENT PRIVILEGE.

The Court has read and considered Defendant Michael Z. Johnson (“Johnson”)’s offer of proof re: application of psycho therapist/patient privilege, Plaintiffs Anne Marie Speaker, Nicole C. Speaker and Nicholas J. Speaker, by and through their guardian ad litem Anne Marie Speaker, Anne Marie Speaker as special administrator of the Estate of John F. Speaker, Albert Speaker, and Jacqueline Speaker (collectively, “Plaintiffs”)’s opposition, Johnson’s reply, Plaintiffs’ sur-opposition, and the supplemental briefing of both parties. Based on such consideration, the Court concludes as follows:

I.

BACKGROUND

This action arises from an incident on April 4, 1993 in which Johnson, a sergeant of the San Bernardino County Sheriffs Department (“Sheriffs Department”), shot and killed John Speaker (“Speaker”) in front of his house. Shortly after the incident, Johnson attended two counseling sessions with Dr. Bonnie Mathews (“Dr.Mathews”), a then licensed Marriage, Family,…