Michael J. v. Los Angeles County Department of Adoptions
Opinion
Opinion
Arabian, J.
Introduction
This appeal concerns an action by an adoptive parent and an adoptee against the County of Los Angeles, Department of Adoptions (the County) for negligence and fraud. Plaintiffs Michael J., a minor, and Mary T., the adoptive parent (appellants) allege that prior to placement, the County failed to determine the medical condition of the adoptee and made misrepresentations of complete health. Some 10 years after his adoption, Michael had seizures and was diagnosed as suffering from Sturge-Weber Syndrome, a congenital degenerative nerve disorder. Appellants sought damages for emotional distress and medical expenses. The County moved for summary judgment on the grounds of immunity from liability pursuant to Government Code sections 818.8 and 822.2 and that public policy considerations militate against recognition of such a cause of action. Appellants appeal the trial court’s grant of summary judgment. We reverse.
Statement of the Facts
Michael was born on March 30, 1970, at Memorial Hospital in Long Beach, California. On March 31, 1970, Michael’s natural mother voluntarily relinquished him to the County for adoption.