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MARLENE F. v. AFFILIATED PSYCHIATRIC MEDICAL CLINIC

Docket No. S003030.

48 Cal.3d 583 (1989)

770 P.2d 278

257 Cal. Rptr. 98

MARLENE F. et al., Plaintiffs and Appellants, v. AFFILIATED PSYCHIATRIC MEDICAL CLINIC, INC., et al., Defendants and Respondents. CHERYL G. et al., Plaintiffs and Appellants, v. AFFILIATED PSYCHIATRIC MEDICAL CLINIC, INC., et al., Defendants and Respondents.

Supreme Court of California.

April 10, 1989.

Attorney(s) appearing for the Case

COUNSEL

Russell S. Kussman, Kussman & Whitehill, Steven B. Stevens and Gage Mazursky, Schwartz, Angelo & Kussman for Plaintiffs and Appellants.

John G. Kerr, Haberfeld & Perlberger, Philip Hunter Thompson, Nelsen, Tang, Thompson, Pegue & Thornton, John C. Kelly, Baker, Silberberg & Kenner, R. Jeff Carlisle, Lynberg & Nelsen, David W. Groundwater and Kirtland & Packard for Defendants and Respondents.

OPINION

ARGUELLES, J.*

Can the mother of a minor child state a claim for the negligent infliction of emotional distress against the psychotherapist who, consulted to treat both mother and son, sexually molested the boy? As, in the circumstances of this case, the therapist's conduct breached a duty of care owed her as well as her child, we hold she can.

FACTS1

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