County of Los Angeles v. Super. Ct.

I. Factual Allegations

Hernandez makes the following relevant allegations in the 7AC. “Because this case comes to us at the demurrer stage, we

3 take as true all properly pleaded material facts — but not conclusions of fact or law.” (Southern California Gas Leak Cases (2019) 7 Cal.5th 391, 395.) During Noah’s life, “[t]here were at least a dozen calls made to the child abuse hotline and law enforcement from people who said they suspected Noah and his siblings were being abused.” The County Department of Children and Family Services (DCFS) removed Noah from his parents’ custody “several times due to neglect at the hands of his parents” and placed him in foster care or with Hernandez. For example, he was removed from his mother’s custody when he was six months old, due to a substantiated allegation of child abuse involving another relative. Noah was placed with Hernandez for about six months before he was returned to his parents’ care. Hernandez also alleges Noah was in protective custody from August 2014 to May 2015. On October 4, 2016, allegations that Noah’s parents generally neglected and abused him were substantiated. In November 2016, the dependency court again declared…