Gary Agosto v. County of Los Angeles

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 9 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GARY AGOSTO, an individual and as No. 23-55800 J.L.A.’s successor in interest, D.C. No. Plaintiff-Appellant, 2:21-cv-08305-FWS-JDE

v.

MEMORANDUM*

COUNTY OF LOS ANGELES, a public entity,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Fred W. Slaughter, District Judge, Presiding

Argued and Submitted November 19, 2024 Pasadena, California

Before: RAWLINSON, CHRISTEN, and JOHNSTONE, Circuit Judges.

Gary Agosto appeals the district court’s grant of summary judgment and

dismissal of his state-law negligence claim premised on California Government

Code section 815.6 against the Los Angeles County Department of Children and

Family Services (“DCFS”) arising from the death of his child, J.L.A. We have

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. jurisdiction over a grant of summary judgment under 28 U.S.C. § 1291,1 see Acri v.

Varian…