Associate Joel Crane Obtains Summary Judgment in Breach of Contract Case
Associate Joel Crane recently obtained summary judgment for a clinical psychologist in a breach of contract case in the San Francisco County Superior Court.
The clinical psychologist began providing the Plaintiff with psychological therapy in April 2017. The parties had about a dozen therapy sessions together. In June 2017, the clinical psychologist terminated therapy with the Plaintiff because he failed to improve as a result of their meetings. The clinical psychologist left the Plaintiff with a list of other therapists to contact for further treatment.
In July 2018, the Plaintiff filed a breach of contract claim against the clinical psychologist. The Plaintiff alleged that he and the clinical psychologist had entered into an oral contract for a written diagnosis. The Plaintiff claimed that the clinical psychologist breached the contract by failing to provide him with a written diagnosis before terminating the therapy sessions. The Plaintiff claimed emotional distress as a result of the alleged breach.
In May 2019, the clinical psychologist moved for summary judgment on the grounds that she and the Plaintiff had never entered into an oral contract for a written diagnosis. The motion was based on Plaintiff’s deposition testimony that he and the clinical psychologist had never agreed to explicit terms in connection with the alleged agreement. Thus, the clinical psychologist never agreed to perform any specific act as part of the alleged contract. The clinical psychologist also filed a declaration in support of the motion, which included progress notes from the therapy sessions with the Plaintiff.
In July 2019, the San Francisco County Superior Court granted the clinical psychologist’s motion for summary judgment over the Plaintiff’s opposition. The Court found that the evidence provided in support of the motion showed that the alleged oral agreement for a written diagnosis was not definite enough to be enforced.
For further information about this case, please contact Joel Crane.