Thompson v. County of Los Angeles
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Plaintiff sued the County of Los Angeles and other county defendants (the County) for removing her son, J.G., from her care. The County demurred. The trial court sustained the demurrer without leave to amend. It found the County was immune from suit and Plaintiff failed to allege a mandatory duty sufficient to overcome immunity. Plaintiff appealed and alleged a mandatory duty and, in the alternative, the court should have allowed her to amend her complaint. The court later denied Plaintiff’s motion to tax expert witness fees.
In a consolidated appeal, the Second Appellate District affirmed. The court held that the trial court did not abuse its discretion by denying Plaintiff leave to amend. Plaintiff had the burden to establish a reasonable possibility she could amend the complaint to state a claim. She says the determination of whether the collateral contacts provision created a mandatory duty is a factual issue and she “can likely identify more” collateral contacts. However, the court explained that the collateral contacts provision gives social workers discretion to determine which contacts are necessary. As a matter of law, it does not create a mandatory duty.
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