Johnson v. County of Los Angeles

In this wrongful death action arising out of the suicide of Michael James Johnson (Decedent), appellants Dana Renee Johnson (Wife) and Mindy Lyn Johnson (through her guardian ad litem), the wife and daughter, respectively, of Decedent (Wife and Mindy Lyn Johnson collectively Appellants), sued the County of Los Angeles (County) and sheriff’s officers employed by the County (Sheriffs) (County and Sheriffs collectively Respondents). This case involves the detention of an obviously suicidal schizophrenic by law enforcement officials who assured his wife that he would be cared for in a custodial setting and then released him. He promptly committed suicide.

Appellants’ complaint alleges violation of duties on the part of Respondents to (1) confine, (2) medicate and (3) summon medical care for Decedent. Additionally, Appellants raise a major issue as to a fourth duty of Respondents—to warn Appellants of Decedent’s release from custody. Respondents, relying upon the legal defense of sovereign immunity, demurred to the complaint pursuant to section 430.10 of the Code of Civil Procedure, on the ground that it failed to state facts sufficient to state a cause of action against…