Buford

In this case we deal with a state mental hospital’s potential liability for a person who is released from its confines and who is allegedly known to be a social menace to the community in which he is released. Plaintiffs commenced an action against the State of California (hereinafter referred to as State), the County of Tulare (hereinafter re ferred to as County), the City of Visalia (hereinafter referred to as City), Atascadero State Hospital, Kenneth Daniels, and numerous doe defendants for damages for injuries resulting from the acts of Daniels, which were allegedly based on the negligent conduct of defendants. The State filed a general demurrer, the City filed a general demurrer and a motion to strike and dismiss, and the County initiated a motion to have portions of plaintiffs’ complaint stricken. The superior court sustained the State’s and City’s general demurrers to the complaint with leave to amend within 15 days, as well as granting the County’s motion to strike. Plaintiffs responded by filing an amendment to their complaint, and the aforementioned three defendants demurred to the amended complaint on the ground that it failed to state a cause of action. The…