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Bixler v. Goulding5/24/1996
TURNER, P. J.
I. INTRODUCTION
Plaintiff, George W. Bixler, M.D., appeals from a summary judgment in his malicious prosecution action granted in favor of defendants, Derek Goulding and his law firm, Acker, Kowalick & Whipple. Lisa Langere had filed an unsuccessful medical malpractice action against Dr. Bixler and Glendale Family Services Association. In Ms. Langere's lawsuit, Glendale Family Services Association brought a cross-complaint for equitable relief and indemnity against Dr. Bixler. After the Conclusion of Ms. Langere's medical malpractice action, Dr. Bixler sued Glendale Family Services Association and its counsel for malicious prosecution. We affirm the summary judgment entered in the malicious prosecution suit in favor of Mr. Goulding and his law firm.
II. FACTS AND PROCEDURAL BACKGROUND
A. Prior Medical Malpractice Action and Cross-complaint for Indemnity
On March 31, 1987, the San Fernando Crisis Management Center, a Los Angeles County facility involuntarily transferred Ms. Langere to the Edgemont Hospital. She was involuntarily admitted under Welfare and Institutions Code section 5150 because she was suicidal. John Viesselman, M.D., a psychiatrist, and Barry Solof, M.D., an internist, treated Ms. Langere at Edgemont Hospital. Dr. Viesselman first prescribed the drug Xanax for Ms. Langere.
On August 23, 1988, 16 months after Ms. Langere was discharged from Edgemont Hospital, City of Los Angeles paramedics transported her to Glendale Adventist Medical Center where she was voluntarily admitted by Helena Gerundo, M.D., an internist, for an apparent overdose of Xanax. She was later evaluated by Dr. Bixler, a staff psychiatrist, who placed her on an involuntary 72-hour hold under Welfare and Institutions Code section 5150 because she was suicidal. On August 26, 1988, she was discharged and Dr. Bixler treated her as an outpatient.
On September 6, 1988, Ms. Langere went to the Glendale Family Services Association, a mental health counseling center and agency of the United Way, and was interviewed by intake coordinator, Preston C. Oppenheimer, Ph.D., a psychologist. Ms. Langere appeared depressed and gave a history of suicide attempts. After Dr. Oppenheimer spoke with Dr. Bixler, he called the Glendale Police Department and had Ms. Langere involuntarily transported to Olive View Medical Center. She was again involuntarily admitted under Welfare and Institutions Code section 5150.
On January 29, 1990, Ms. Langere, represented in pertinent part by Robert F. Brennan, filed a complaint, which was later amended, for medical malpractice for negligence in causing Ms. Langere "to be detained against her will and transported to Olive View Medical Center . . . where she was abused, forcibly drugged without her consent and further detained against her will." The underlying action named numerous defendants including Dr. Bixler and Glendale Family Services Association. Ms. Langere alleged in her first amended complaint that Dr. Bixler: negligently renewed her Xanax prescriptions when she was addicted to the drug; failed to investigate her prior medical conditions causing her emotional difficulties; failed to warn her of Xanax's side effects; and told Glendale Family Services Association's employees to involuntarily detain Ms. Langere. Dr. Bixler was represented in his defense by John G. Kerr and his law firm, Kirtland, Hager & Cockrell. Glendale Family Services Association was represented in their defense by Mr. Goulding and his law firm.
On August 1, 1990, Glendale Family Services Association, represented by Mr. Goulding and his law firm, filed a cross-complaint seeking equitable relief and i
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