Carney v. Guimaraes CA2/6

Filed 6/3/25 Carney v. Guimaraes CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

LUPE CARNEY et al., 2d Civ. No. B332275 (Super. Ct. No. 20CV-0374) Plaintiffs and Appellants, (San Luis Obispo County)

v.

PEDRO D. GUIMARAES et al.,

Defendants and Respondents.

Plaintiffs appeal a judgment entered pursuant to the grant of a motion for summary judgment in favor of defendants. We affirm under the doctrine of collateral estoppel. FACTS In February 2019, Keith Murphy came to Central Coast Behavioral Health, Inc. (Central Coast) seeking treatment for depression, anxiety, and insomnia. He was not seeking treatment for drug addiction. In fact, he denied current use of illegal drugs or marijuana. Murphy was treated by nurse practitioner, Suzan Williams. Pedro Guimaraes, an employee of Central Coast, was

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Williams’s supervising physician. Williams gave Murphy prescriptions for Cymbalta, Seroquel and Clonazepam. On August 11, 2019, Murphy was found dead on the floor of his apartment. The San Luis Obispo County Medical Examiner concluded Murphy died from ingesting cocaine, methamphetamine, and heroin. None of those drugs had been prescribed for Murphy. The medications prescribed by Williams were not found in Murphy’s system. Murphy’s mother Lupe Carney, and father, Keith Murphy, Sr. (collectively Carney), sued Central Coast, Guimaraes and Williams for wrongful death based on medical negligence. The complaint alleged that Williams was negligent in prescribing Clonazepam without close monitoring to someone who has a history of abusing illegal drugs because there is a foreseeable risk of relapsing into illegal drug use. The complaint further alleged that Guimaraes was negligent in supervising Williams. The trial court granted Williams’s motion for summary judgment. The court concluded Williams was not negligent, did not violate the standard of care, and did not cause Murphy’s death. Carney filed an appeal but dismissed it. Central Coast and Guimaraes (hereafter collectively Guimaraes) moved for summary judgment in the instant action. The motion was based on the doctrine of res judicata arising from Williams’s motion for summary judgment. Guimaraes provided the same expert declaration that Williams used in her successful motion. In opposition, Carney submitted an expert declaration stating in essence that Guimaraes did not properly supervise Williams because she missed signs that indicated Murphy needed closer monitoring. Guimaraes raised a number of objections to