Shelton

*613 Opinion

Plaintiffs (Sheltons) appeal a judgment of dismissal entered upon an order sustaining, without leave to amend, the general demurrer of defendants City of Westminster and police employee (City) to Sheltons’ second amended complaint (complaint). For the reasons set forth we affirm the order.

For purposes of the demurrer and this appeal, the factual allegations of the complaint must be taken as true. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ].) The complaint alleged in substance the following: 1 Sheltons’ son Mark Duane Shelton was an apparent homicide victim of the “Freeway Killers.” Mark had been missing since August 4, 1979, when screams were heard by the Sheltons’ neighbors. On October 6, 1979, the Sheltons filed a missing persons report with the Westminster Police Department. Sheltons allege the police officers told them their missing person report would be fully and completely investigated; in fact the City failed to provide them with a form from the California Department of Justice authorizing the release of their son’s dental records. Sheltons allege such a procedure-duty is required by Penal Code section 11114.…

I agree with the majority the trial court properly rejected several of the Sheltons’ theories of recovery and therefore concur in *624 that part of the opinion affirming the order dismissing the second through the seventh causes of action. In my view, however, a police department’s failure to comply with the mandatory duties of Penal Code section 11114 may give rise to liability on the facts presented. Accordingly, I would reverse the judgment of dismissal with instructions to overrule Westminster’s demurrer to the Sheltons’ first cause of action.

Health and Safety Code section 10254, enacted in 1978, requires coroners and medical examiners to conduct a dental examination of unidentified bodies and to forward the results of that examination to the Department of Justice. Penal Code section 11114 (see fn. 2, maj. opn., p. 613), passed as part of the same legislative package, mandates that local law enforcement officials who receive a missing person report must contact the family or next of kin of persons missing more than 30 days in order to obtain the missing person’s dental records from the family dentist. These records are to be forwarded to the Department of Justice. The…

Plaintiffs (Sheltons) appeal a judgment of dismissal entered upon an order sustaining, without leave to amend, the general demurrer of defendants City of Westminster and police employee (City) to Sheltons' second amended complaint (complaint). For the reasons set forth we affirm the order.

For purposes of the demurrer and this appeal, the factual allegations of the complaint must be taken as true. ( Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493 [ 86 Cal. Rptr. 88 , 468 P.2d 216 ].) The complaint alleged in substance the following: [1] Sheltons' son Mark Duane Shelton was an apparent homicide victim of the "Freeway Killers." Mark had been missing since August 4, 1979, when screams were heard by the Sheltons' neighbors. On October 6, 1979, the Sheltons filed a missing persons report with the Westminster Police Department. Sheltons allege the police officers told them their missing person report would be fully and completely investigated; in fact the City failed to provide them with a form from the California Department of Justice authorizing the release of their son's dental records. Sheltons allege such a procedure-duty is required by Penal Code…