Plaintiff was involuntarily committed and confined at Atascadero State Hospital and Coalinga State Hospital from August 28, 2004, through March 17, 2017. According to plaintiff, as of October 2005 or thereabouts, his diagnosed schizoaffective disorder, the legal basis for his confinement, was documented as being in remission, triggering the mandatory provisions of Penal Code[1] section 2968.[2] Plaintiff asserted defendants repeatedly failed to take required action to inspect state hospitals or otherwise ensure defendants and their agents would comply with the provisions of section 2968, which, he asserted, required the discontinuation of his treatment and his release from confinement. He asserted defendants failed to ensure their agents complied with mandatory standards calling for the release of committed persons once the basis for their confinement no longer existed. Plaintiff also asserted defendants’ agent relied on an improper criterion in continuing his confinement, specifically a different mental disorder than that used to satisfy the initial commitment criteria. Plaintiff further asserted defendants failed to take action to ensure patients would be provided continuity of care when transferred between state hospitals. Additionally, plaintiff asserted defendants neglected their duty to ensure persons who provided labor for the economic benefit of state hospitals were paid minimum wages, including back wages due. In the operative first amended complaint, plaintiff asserted causes of action to recover damages for negligence, false imprisonment, financial dependent adult abuse, violation of the Unruh Civil Rights Act (Civ. Code, § 51 et seq.) and the Tom Bane Civil Rights Act (Civ. Code, § 52.1), human trafficking, and conspiracy to commit fraud. He sought compensatory and punitive damages.

Defendants’ Motion for Judgment on the Pleadings and Request for Judicial Notice

Defendants filed a motion for judgment on the pleadings on the ground, among others, that the entire action was barred by the doctrine of collateral estoppel. Defendants asserted plaintiff was precluded from relitigating court orders that continued his involuntary commitment. Defendants asserted that plaintiff in prior proceedings previously raised and litigated the same issues as raised in this action. According to defendants, plaintiff attacked his involuntary commitment by filing five habeas corpus petitions between 2009 and 2016, requesting his immediate release pursuant to section 2968 on the ground that his mental disorder was in remission. However, the Court of Appeal denied each petition, the Supreme Court denied review, plaintiff did not appeal from the relevant orders, and they were thus final

[1] Further undesignated statutory references are to the Penal Code.

[2] Section 2968 provides: “If the prisoner’s severe mental health disorder is put into remission during the parole period, and can be kept in remission, the Director of State Hospitals shall notify the Board of Parole Hearings and the State Department of State Hospitals shall discontinue treating the parolee.”