Duffy

This appeal involves the tragic murder of plaintiffs’ mother by Joseph Larroque, a parolee of the state prison system, and arises out of plaintiffs’ attempts to fix financial responsibility for that death on the State of California (State)—for failing to properly monitor Larroque’s parole— and the City of Oceanside (City)—for employing Larroque and failing to warn the victim, also a city employee, of Larroque’s dangerous propensities. The trial court concluded neither defendant owed a legal duty to the victim and accordingly sustained respective demurrers without leave to amend. As to the State, the court independently concluded that the immunity provisions of Government Code section 845.8 applied to bar plaintiffs’ claim.

After stating the facts as alleged in the complaint, we will address the issue of each defendant’s liability separately.

Factual and Procedural Background

Laverne Duffy, the victim, was employed by the City in its engineering department. In August 1978 the City hired Joseph Larroque and also assigned him to the engineering department. Larroque was on parole following three years in a state mental hospital and an additional four years in state prison…