Opinion

Doe v. County of Orange

Court
California Court of Appeal
Filed
Sep 2, 2025
Status
Published
Cited by
0 cases
Authority
More cited than 39.1%

The opinion

Filed 9/2/25

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

JOHN DOE (No. 0136),

Plaintiff and Appellant, G064562

v. (Super. Ct. No. 30-2022-01286908)

COUNTY OF ORANGE et al., OPINION

Defendants and Respondents.

Appeal from a judgment of the Superior Court of Orange County,

Richard Oberholzer, Judge. (Retired judge of the Kern Sup. Ct. assigned by

the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Reversed and

remanded with directions.

Adkisson Pitet and Carl A. Berthold, Jr., for Plaintiff and

Appellant.

Gutierrez, Preciado & House, Calvin House and Natalia Anthony

for Defendants and Respondents.

* * *

Welfare and Institutions Code section 5328 makes “all

information and records obtained in the course of providing services . . . to

either voluntary or involuntary recipients . . . confidential.” (Welf. & Inst.

Code,1 § 5328, subd. (a).) Section 5330 authorizes a person who received such

services to bring an action against anyone who unlawfully disclosed such

records. (§ 5330, subd. (a).) If the records were negligently disclosed, the

statute awards the aggrieved party $1,000 and actual damages. (§ 5330,

subd. (b)(1) & (2).) However, if the records were “willfully and knowingly”

disclosed, the statute awards the aggrieved party the greater of $10,000 or

three times the amount of the actual damages. (§ 5330, subd. (a)(1) & (2).)

Robert G. Reyna (Reyna), who worked for the Orange County

Sheriff’s Department, unlawfully disclosed John Doe’s (Doe) confidential

record to Doe’s sister and her attorney who used it to threaten Doe to dismiss

a lawsuit Doe brought against his sister. Doe brought an action against

Reyna and the County of Orange (the County) in which a jury found Reyna

willfully and knowingly disclosed the record. However, the jury apportioned

25 percent of Doe’s damages to Doe’s sister and her attorney based on their

conduct. The trial court then granted Reyna and the County’s motion for

partial judgment notwithstanding the verdict ruling that there was not

substantial evidence to support the finding of willfulness; the court, as a

result, did not treble damages. The trial court apportioned both economic and

noneconomic damages and entered a judgment in favor of Doe.

Doe appeals arguing the trial court erred in concluding there was

not substantial evidence to support the jury’s finding and in apportioning

1 All further statutory references are to the Welfare and

Institutions Code unless otherwise stated.

2

damages. On appeal, all parties agree Reyna unlawfully disclosed the

confidential record. But the parties disagree over what it means to “willfully

and knowingly” disclose confidential records within the meaning of section

5330. As we explain, it means Reyna intentionally released Doe’s confidential

record to a person Reyna knew was not entitled to the record and the

disclosure was otherwise unlawful. We then conclude the trial court erred in

granting Reyna and the County’s motion for partial judgment

notwithstanding the verdict.

Last, although Reyna willfully and knowingly released Doe’s

confidential record, he was not an intentional tortfeasor. Reyna and the

County, thus, were entitled to have Doe’s noneconomic damages apportioned

to other tortfeasors—but not Doe’s economic damages.

FACTS

In 2018, Doe was placed on an involuntary 72-hour hold pursuant

to section 5150. The Orange County Sherriff’s Department generated a

confidential record of the incident. In 2021, a dispute arose between Doe and

his sister over their father’s estate. Doe filed a lawsuit for elder abuse against

his sister. During the lawsuit, Doe learned his sister’s attorney had obtained

a copy of the 2018 confidential record. The attorney threatened to disclose the

record unless Doe dismissed the lawsuit. Doe believed his sister and her

attorney were blackmailing him which made him fearful.

Reyna testified he worked for the sheriff’s department as an

office specialist where he reviewed incoming requests for information and

determined whether to release such records. In 2021, Reyna received a

request for two reports from Doe’s sister. The first was a report of a welfare

check in which Doe’s sister was the caller, and the second was for the

confidential record. Doe’s sister was entitled to the welfare check report, but

3

not the confidential record. Reyna knew Doe’s sister was not entitled to the

confidential record, but he released it to her anyway. Reyna made “a

judgment call”; he believed Doe’s sister was “concerned” about Doe and

testified that his “heart got in the way.”

The parties agreed Reyna’s disclosure was unlawful. The issue

for the jury was whether the disclosure was willful or negligent. The court

instructed the jury that the disclosure was “‘wil[l]ful’” if Reyna “knew of his

legal obligations and intentionally declined to follow them. However, a

violation is not willful if you find that Robert Reyna reasonably and in good

faith believed that the facts did not require him to comply . . . .” The trial

court also instructed the jury that it could apportion a percentage of Doe’s

damages to Doe’s sister and her attorney if they were “at fault,” and if this

fault “was a substantial factor in causing John Doe’s harm.”

The jury found Reyna willfully disclosed the confidential record,

but determined Doe’s sister and her attorney were responsible for 25 percent

of Doe’s damages. The jury awarded Doe $29,000 in economic damages and

$40,000 in noneconomic damages.

Reyna and the County filed a motion for partial judgment

notwithstanding the verdict. They claimed there was not substantial evidence

to support the jury’s determination that the disclosure was willful and

knowing. The trial court granted the motion and therefore did not award

treble damages. Instead, the trial court ruled the entire $69,000 was subject

to apportionment and entered a judgment for $51,750 (75 percent of $69,000)

against Reyna and the County.

4

DISCUSSION

I.

THERE WAS SUBSTANTIAL EVIDENCE REYNA’S DISCLOSURE OF

DOE’S CONFIDENTIAL RECORD WAS WILLFUL AND KNOWING

Doe contends the trial court erred in granting Reyna and the

County’s motion for partial judgment notwithstanding the verdict. The

parties disagree as to what willfulness means within the context of section

5330. Doe believes it means ‘“a purpose or willingness to commit the act or

engage in the conduct in question.’” Reyna and the County argue willfulness

requires knowledge harm will follow or at least reckless disregard of a risk of

harm. As we explain, Doe’s interpretation is closest.

A. Standard of Review

“‘“A motion for judgment notwithstanding the verdict may be

granted only if it appears from the evidence, viewed in the light most

favorable to the party securing the verdict, that there is no substantial

evidence in support. [Citation.] [¶] . . . As in the trial court, the standard of

review [on appeal] is whether any substantial evidence—contradicted or

uncontradicted—supports the jury’s conclusion.””’ (Webb v. Special Electric

Co., Inc. (2016) 63 Cal.4th 167, 192.) In reviewing the evidence, we draw all

reasonable inferences in Doe’s favor and disregard evidence that conflicts

with any evidence which supports the verdict. (Ibid.) “Our determination as

to the requisite substantial evidence is de novo.” (Lurner v. American Golf

Corp. (2023) 97 Cal.App.5th 121, 133.) We similarly review legal issues, such

as the interpretation of a statute, de novo. (Ibid.)

B. Willfulness Denotes Intentionally Committing the Act in Question

Section 5330 does not define the phrase “willfully and

knowingly.” Therefore, we must turn to principles of statutory construction to

5

determine its meaning. “We begin our analysis by acknowledging that ‘[t]he

goal of statutory construction is to ascertain and effectuate the intent of the

Legislature.’ [Citation.] Ordinarily, the language of the statute provides the

most reliable indication of legislative intent. [Citation.] But when the

statutory language is ambiguous, ‘[we] may examine the context in which the

language appears, adopting the construction that best harmonizes the statute

internally and with related statutes.’ [Citation.]” (Calvillo-Silva v. Home

Grocery (1998) 19 Cal.4th 714, 724 (Calvillo-Silva) disapproved on other

grounds by Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 853,

fn. 19.)

The Lanterman-Petris-Short Act (§ 5000 et seq.) (the Act), the

statutory scheme relevant here, “provides for the prompt evaluation and

treatment of mentally disordered persons, developmentally disabled persons

and persons impaired by chronic alcoholism, while protecting public safety

and safeguarding individual rights through judicial review.” (In re Qawi

(2004) 32 Cal.4th 1, 16.) The Act permits law enforcement to take an

individual into custody for a period of up to 72 hours if that person, because

of a mental health disorder, is a danger to themselves. (§ 5150, subd. (a).)

To accomplish its objectives, the Act makes “[a]ll information and

records obtained in the course of providing services under [the

Act] . . . confidential.” (§ 5328, subd. (a).) “Information and records shall be

disclosed only” in specifically enumerated circumstances. (Ibid.) One of the

purposes of section 5328 is to protect the person from the undesired publicity,

embarrassment, or more serious consequences which disclosure could bring.

(In re S.W. (1978) 79 Cal.App.3d 719, 721.) “Section 5328’s confidentiality

protections are designed ‘to encourage persons . . . to seek treatment on a

6

voluntary basis.” (State Dept. of Public Health v. Superior Court (2015)

60 Cal.4th 940, 953 (State Dept. of Public Health).)

The Legislature authorized a person to bring a civil action

against anyone who “willfully and knowingly” or “negligently” released

“confidential information or records concerning him or her in violation of [the

Act].” (§ 5330, subds. (a) & (b).) In the event the release was negligent, the

aggrieved party is entitled to recover his or her actual damages plus $1,000.

(§ 5330, subd. (b)(1) & (2).) If the release was willful and knowing, the

aggrieved party is entitled to the greater of $10,000 or three times the

amount of his or her actual damages. (§ 5330, subd. (a)(1) & (2).) In either

scenario, “the plaintiff shall recover court costs and reasonable attorney’s fees

as determined by the court.” (§ 5330, subd. (d).)

We first start by defining the term “knowingly” as that is used in

section 5330. The Penal Code defines “‘[k]nowingly’” as “a knowledge that the

facts exist which bring the act or omission” within the meaning of the statute.

(Pen. Code, § 7, subd. (b)(5).) While section 5330 is not a penal statute, “the

Penal Code definition is nonetheless persuasive in determining the intent of

the Legislature in using that word in other statutes.” (Brown v. State

Department of Health (1978) 86 Cal.App.3d 548, 554.) Therefore, “knowingly”

as used in section 5330 relates to the defendant’s knowledge of the fact that

the person requesting the record is not entitled to it under the Act.

The concept of willfulness, on the other hand, is not so “easily

captured in a single, uniformly applicable formula.” (Kwan v. Mercedes-Benz

of North America, Inc. (1994) 23 Cal.App.4th 174, 182 (Kwan). The Penal

Code defines willfulness as ‘“simply a purpose or willingness to commit the

act, or make the omission referred to,’ [but] there is no shortage of cases

7

construing the term, in penal statutes, as conveying more than mere

volition.” (Ibid.)

Civil cases contain similar nuances. In Goodhew v. Industrial

Acc. Com. (1958) 157 Cal.App.2d 252, the plaintiff sued her husband’s

employer for its “wil[l]ful failure” to secure payment (from insurance or

otherwise) for compensation “‘recoverable for [the] injury or death’” of her

husband. (Id. at p. 254.) The Court of Appeal held the term “wil[l]ful” simply

meant “‘that one intentionally fail[ed] or refuse[d] to perform an act which

[was] required to be done.’” (Id. at p. 257.) Because the employer

“intentionally and deliberately failed to secure coverage,” the employer

violated the statute. (Ibid.)

It is evident the meaning of “willful” is specific to the statutory

scheme at issue, and we must interpret the word in light of the statute’s

purpose. Here, there is no shortage of language in the Act emphasizing its

goal of ensuring privacy to anyone receiving services pursuant to it, such as

its specific guarantee of “[a] right to dignity, privacy, and humane care”

(§ 5325.1, subd. (b)), its requirement that any court-ordered evaluation “be

carried out with the utmost consideration for the [person’s] privacy and

dignity” (§ 5200), and its delineated Legislative intent to protect the personal

rights of those subject to the Act (§ 5001, subd. (h)), to name a few.

But the Act does not prohibit all disclosures of confidential

records. “[T]he bar against disclosure is not absolute but is subject to

numerous exceptions, including disclosure to the courts.” (Devereaux v.

Latham & Watkins (1995) 32 Cal.App.4th 1571, 1585, disapproved on other

grounds by Moran v. Murtaugh Miller Meyer & Nelson, LLP (2007)

40 Cal.4th 780, 785, fn. 7.) To strike a balance between privacy protections

and the Act’s other goals of guaranteeing public safety, providing prompt

8

evaluation and treatment of persons with mental health disorders, and

encouraging the full use of all agencies and professional personnel available,

the Act carefully “enumerates 25 specific exceptions” to its disclosure bar.

(State Dept. of Public Health, supra, 60 Cal.4th at p. 952.) Examples include

“[i]n communications between qualified professional persons” (§ 5328,

subd. (a)(1)(A)), to courts, “as necessary to the administration of justice”

(§ 5328, subd. (a)(6)), and to law enforcement officers in specified scenarios

(§ 5328, subd. (a)(20)(A)).

Thus, entitlement to recovery under section 5330 must not hinge

on the wrongdoer’s bad faith, intent to harm, or knowledge of some sort of

consequential harm. Instead, the harm occurs the moment a confidential

record is placed in the hands of someone not entitled to it—everyone is

presumed to know as much. Willfulness, then, is tied to the act of disclosing

the record—it simply refers to the fact someone intentionally released records

which are otherwise confidential. Therefore, the protected party does not

need to show the act was coupled with bad faith, ill intent, or the knowledge

that further harm would flow from the wrongful disclosure.

To summarize, taken together with the knowing requirement, a

person “willfully and knowingly” releases confidential records when they

intentionally release information or records to a person they know is not

entitled to the records and the disclosure otherwise violates the Act.

C. There Is Substantial Evidence To Support a Finding of Willfulness

There was substantial evidence Reyna willfully and knowingly

released Doe’s confidential records. Reyna testified he knew Doe’s sister was

not allowed to have the record, but he released it to her “because [his] heart

got in the way . . . [and he] was concerned that [Doe’s sister may] be as well

concerned.” Although Reyna may have had good intentions, the Legislature

9

only permits releasing confidential records in certain situations, and Reyna’s

actions, albeit well-intended, were nonetheless willful and knowing.

Therefore, the court erred in granting Reyna and the County’s

motion for partial judgment notwithstanding the verdict.

II.

THE TRIAL COURT DID NOT COMMIT ERROR WHEN IT

INSTRUCTED THE JURY ON APPORTIONMENT OF LIABILITY

Next, Doe argues the trial court should not have instructed the

jury on apportioning liability. He bases this contention of error on two

grounds: (1) apportionment does not apply to intentional tortfeasors, which

Reyna was; and (2) apportionment does not apply as Doe’s sister and her

attorney were not tortfeasors. We disagree on both fronts.

Although liability for economic damages amongst multiple

tortfeasors is joint and several, it is only several when it comes to

noneconomic damages. (Civ. Code, § 1431.2, subd. (a).) “Each defendant shall

be liable only for the amount of non-economic damages allocated to that

defendant in direct proportion to that defendant’s percentage of fault, and a

separate judgment shall be rendered against that defendant for that

amount.” (Civ. Code, § 1431.2, subd. (a).)

However, Civil Code section 1431.2, subdivision (a), “does not

authorize a reduction in the liability of intentional tortfeasors for

noneconomic damages . . . .” (B.B. v. County of Los Angeles (2020) 10 Cal.5th

1, 29 (B.B.).) Thus, if Reyna was an intentional tortfeasor, the jury had no

right to apportion a percentage of Doe’s damages to Doe’s sister and her

attorney.

10

A. Reyna Was Not an Intentional Tortfeasor

Intentional torts involve “the deliberate or reckless harming of

another.” (Freeman & Mills, Inc. v. Belcher Oil Co. (1995) 11 Cal.4th 85, 106

(conc. & dis. opn. of Mosk, J.); Willard v. Caterpillar, Inc. (1995) 40

Cal.App.4th 892, 917, disapproved on other grounds by Cedars-Sinai Medical

Center v. Superior Court (1998) 18 Cal.4th 1, 18, fn. 4 [intentional tort

requires the actor to intend to cause the harm].) “An intentional tort is one in

which the actor intends to produce the harm that ensues; it is not enough

that he intends to perform the act. He intends to produce the harm when he

desires to bring about that consequence by performing the act.” (Rest.2d

Torts, § 870, com. b.; see also Willard, supra, 40 Cal.App.4th at pp. 913–914

[quoting language]; McCollum v. CBS, Inc. (1988) 202 Cal.App.3d 989, 1006

[insufficient that tortfeasor “intentionally did a particular act. It must also be

shown that such act was done with the intent to cause injury”].)

Here, although the jury found Reyna knew it was unlawful to

disclose the record and he did so anyway, there was no finding Reyna

intended to harm Doe. Nor does the record bear such a conclusion. The only

evidence on the issue came from Reyna who testified he disclosed the record

because he believed Doe’s sister was concerned about Doe’s well-being.

Therefore, if anything, the record establishes Reyna acted with an intent to

help Doe, not to harm him. As such, he was not an intentional tortfeasor and

apportionment was allowed.

B. Apportionment Was Proper as to Doe’s Sister and Her Attorney

Alternatively, Doe contends apportionment does not apply

because Doe’s sister and her attorney were not at “fault” as that term is used

in Civil Code section 1431.2. Doe claims “fault” requires more than just

contributing to the injury; “it means breaching a duty owed to the plaintiff by

11

‘law or contract.’” And because Doe’s sister’s and her attorney’s conduct took

place within the context of litigation, it was privileged. Therefore, as Doe’s

argument goes, they could not have breached a duty owed to Doe and cannot

be assigned some portion of the liability. In making this argument, Doe

primarily relies on Wilson v. Ritto (2003) 105 Cal.App.4th 361 (Wilson).

Wilson does not apply here. In Wilson, the plaintiff sued her

podiatrist for malpractice stemming from a bunionectomy on her foot.

(Wilson, supra, 105 Cal.App.4th at pp. 364–365.) Following the

bunionectomy, the plaintiff experienced great pain and a clicking in her foot.

(Id. at p. 364) The defendant performed successive corrective, but

unsuccessful, surgeries. (Ibid.) After one of the corrective surgeries, the

plaintiff contacted an attorney who referred her to an orthopedic surgeon. (Id.

at p. 365.) The orthopedic surgeon performed a procedure on the plaintiff’s

foot, resulting in it becoming infected. (Ibid.) The defendant requested to add

the orthopedic surgeon to the special verdict form as a joint tortfeasor, but

the trial court denied the request, ruling the defendant did not establish that

the surgeon violated the medical standard of care. (Id. at p. 366.) The Court

of Appeal agreed, holding that “fault” within the meaning of Civil Code

section 1431.2, required more than just showing another’s conduct “affected”

the plaintiff’s injury. (Id. at p. 369.) In a medical malpractice case, “fault is

measured by the medical standard of care.” (Ibid.)

Although Wilson is helpful in understanding that fault requires

more than just causation, courts have limited its holding to the rule “that a

nonparty medical doctor cannot be found comparatively at fault in a personal

injury action unless the defendant proves with expert testimony the doctor

failed to meet the applicable standard of care.” (Chakalis v. Elevator

12

Solutions, Inc. (2012) 205 Cal.App.4th 1557, 1561; see also Vollaro v. Lispi

(2014) 224 Cal.App.4th 93, 102 [same].)

Instead, what we must decide is what effect, if any, the litigation

privilege has on the issue of apportioning liability to a nonparty tortfeasor.

We conclude it has none. In understanding our conclusion, a review of

Richards v. Owens-Illinois, Inc. (1997) 14 Cal.4th 985 (Richards), abrogated

by statute as stated in Myers v. Philip Morris Companies, Inc. (2002)

28 Cal.4th 828, 837, and Taylor v. John Crane, Inc. (2003) 113 Cal.App.4th

1063 (Taylor) is helpful.

In Richards, the plaintiff worked at a shipyard and sued the

defendant and numerous other manufacturers claiming their products

exposed him to asbestos and caused him respiratory injury and fear of cancer.

(Richards, supra, 14 Cal.4th at p. 989.) At trial, there was evidence the

plaintiff was a longtime smoker who had an obstructive airway disease most

likely due to smoking. (Id. at p. 990.) The defendant sought to allocate a

share of the plaintiff’s damages to cigarette manufacturers who shared

‘“fault”’ for the plaintiff’s injuries because they supplied harmful tobacco

products to the plaintiff. (Id. at p. 991.) But there was a statute “provid[ing]

that a manufacturer or seller ‘shall not be liable’ in a ‘product liability action’

for injury or death caused by a product which (1) ‘[was] inherently

unsafe . . . such as . . . tobacco . . . .]”’ (Id. at p. 998.) The defendant argued

that the statute did not bar apportionment because it only granted immunity

for “direct ‘liab[ility].’” (Ibid.) The California Supreme Court disagreed,

holding the statute did more and declared the tobacco manufacturers

“breache[d] no duty and [committed] no tort, [and therefore] the statute also

preclude[d] indirect assignment of comparative ‘fault’ or responsibility to

such entities for purposes of [apportionment].” (Id. at p. 1001.)

13

In Taylor, the plaintiff was a former serviceman with the United

States Navy who sued the manufacturer of a product sold to the Navy which

contained asbestos. (Taylor, supra, 113 Cal.App.4th at p. 1065.) The jury

returned a verdict for the plaintiff but allocated 16 percent of the fault to the

Navy which was not a party to the action. (Id. at p. 1066.) Plaintiff appealed,

arguing the Navy was immune from liability and thus it was improper to

allocate fault to it. (Id. at p. 1067.) The plaintiff relied on a statute which

“bar[red] claims ‘based upon the exercise or performance or the failure to

exercise or perform a discretionary function or duty”’ and United States

Supreme Court cases declaring the government was immune from such

claims. (Ibid.) The Court of Appeal affirmed the apportionment and

distinguished Richards on the basis that in Richards, the California Supreme

Court “concluded that [the immunity statute] did not merely confer immunity

from liability for tortious conduct, but constituted a determination by the

Legislature that a company supplying tobacco does not engage in tortious

conduct because it breache[d] no duty to consumers.” (Id. at p. 1069.)

Contrary to Richards, the statutes and United States Supreme Court cases in

Taylor granted immunity to the Navy “even if it ha[d] been negligent.” (Id. at

p. 1071.) Put another way, the Navy’s conduct breached a duty owed to the

plaintiff and, thus, apportionment was proper, even though the Navy was

immune from paying for its share of liability.

Turning to the statute here, the Civil Code provides that a

publication or broadcast is privileged when made in a judicial proceeding.

(Civ. Code, § 47, subd. (b).) This is referred to as the litigation privilege and

“applies to any communication (1) made in judicial or quasi-judicial

proceedings; (2) by litigants or other participants authorized by law; (3) to

achieve the objects of the litigation; and (4) that have some connection or

14

logical relation to the action.” (Silberg v. Anderson (1990) 50 Cal.3d 205, 212

(Silberg).) It “afford[s] litigants and witnesses [citation] the utmost freedom

of access to the courts without fear of being harassed subsequently by

derivative tort actions.” (Id. at p. 213.)

As in Taylor, the litigation privilege does not eliminate a duty

Doe’s sister and her attorney otherwise owed to Doe. Instead, it recognizes

the existence of such a duty but prevents the use of protected conduct from

forming the basis for a breach of that duty. (Moore v. Conliffe (1994) 7 Cal.4th

634, 638, fn. 1 [privilege “preclud[es] use of the protected communications

and statements as the basis for a tort action”]; see, e.g., Silberg, supra,

50 Cal.3d at p. 214 [the privilege prevents litigants from “attack[ing] the

integrity of evidence after the proceedings have concluded”]; Falcon v. Long

Beach Genetics, Inc. (2014) 224 Cal.App.4th 1263, 1276 [litigation privilege

prevented use of negligent laboratory tests as basis for action]; Kenne v.

Stennis (2014) 230 Cal.App.4th 953, 973 [litigation privilege defeated claims

based on privileged communications].)

Therefore, if there was substantial evidence to support the giving

of the instruction on apportionment, the court did not err in doing so. (Soule

v. General Motors Corp. (1994) 8 Cal.4th 548, 572.) Here, there was

substantial evidence Doe’s sister and her attorney were at fault and should

be apportioned a percentage of liability. It is unlawful for someone to induce

fear in another through threat of exposing a secret of that person or imputing

to that person a deformity, disgrace, or crime. (Pen. Code, § 519, subds. 3

& 4.) Doe testified he believed his sister and her attorney were blackmailing

him with the report and were threatening to disseminate it further. This

made him fearful. And there was evidence they were using the record to

pressure Doe into dismissing the elder abuse lawsuit he filed against his

15

sister. This constitutes substantial evidence from which the jury could

conclude Doe’s sister and her attorney unlawfully instilled fear in Doe by

threatening to release the report unless he dropped the lawsuit.

III.

THE TRIAL COURT ERRED IN APPORTIONING

LIABILITY FOR DOE’S ECONOMIC DAMAGES

Last, Doe contends the trial court erred in apportioning liability

for economic damages because apportionment only applies to noneconomic

damages. Reyna and the County agree. We also agree. (Civ. Code, § 1431.2,

subd. (a).) The court, therefore, erred.

DISPOSITION

The jury found Doe suffered $29,000 in economic damages and

$40,000 in noneconomic damages. The jury apportioned 25 percent of the

noneconomic damages to Doe’s sister and her attorney. Thus, as to the

noneconomic damages, Reyna and the County were responsible for 75 percent

of $40,000 which is $30,000. We then take the $29,000 in economic damages

and add it to the $30,000 in noneconomic damages for a total of $59,000.

Last, section 5330 required the $59,000 to be trebled bringing the total

damage award to $177,000.

We reverse the trial court’s order granting Reyna and the

County’s motion for partial judgment notwithstanding the verdict. On

remand, the trial court is ordered to enter an amended judgment in favor of

Doe in the amount of $177,000 and against the County and Reyna, jointly

and severally.

16

All parties to bear their own costs incurred on appeal.

SANCHEZ, ACTING P. J.

WE CONCUR:

GOODING, J.

SCOTT, J.

17

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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