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ULIBARRI v. SUPERIOR CT. CTY. OF COCONINO

1 CA-SA 95-0026.

184 Ariz. 382 (1995)

909 P.2d 449

Patricia ULIBARRI and Peter Ulibarri, her husband, Petitioners, v. SUPERIOR COURT of the State of Arizona, in and for the COUNTY OF COCONINO, the Honorable James Hancock, a judge thereof, (sitting in Yavapai County), Respondent Judge, Dean GERSTENBERGER and Marta Gerstenberger, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department C.

As Corrected August 22, 1995.

Petition for Review Denied and Cross-Petition for Review Granted January 17, 1996.

Attorney(s) appearing for the Case

Van Baalen Law Offices by Peter T. Van Baalen and Richard T. Weissman, Phoenix, for petitioners.

Jones, Skelton & Hochuli by Peter G. Kline, Bruce D. Crawford and Marc D. Blonstein, Phoenix, for real parties in interest.

OPINION

NOYES, Presiding Judge.

In 1990, Patricia Ulibarri sued her former psychiatrist, Dr. Dean Gerstenberger, for medical malpractice, alleging that in 1983 and 1984 he hypnotized her and then subjected her to nonconsensual sexual relations. Gerstenberger answered that all sexual relations with Ulibarri were consensual, he filed a counterclaim accusing her of blackmailing him in 1986 by threatening to go public with their affair. Gerstenberger filed a motion...

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