State Department of State Hospitals, Petitioners v. the Superior Court of Los Angeles Co — Werdegar, J…

Summary

The concurrence agrees that the complaint failed to plead factual causation with sufficient particularity because its proposed causal chain depended on speculative assumptions about what evaluators, prosecutors, jurors, and commitment authorities would have done. It disagrees, however, with the majority's additional conclusion that public policy categorically precludes causation based on hypothetical discretionary governmental decisions. The concurrence therefore agrees with affirmance on narrower grounds.