Cardenas

Cardenas v. Eggleston Youth Center

Good Law
193 Cal. App. 3d 331·1987 Cal. App. LEXIS 1896·238 Cal. Rptr. 251
Court of Appeal of CaliforniaJuly 2, 1987B022087California1,358 words

Opinion

Opinion

Woods, J.

Plaintiff Frank Cardenas, Jr., (plaintiff) appeals from a judgment of dismissal entered in favor of defendant Eggleston Youth Cen ter (defendant) after defendant’s general demurrer to plaintiff’s first amended complaint was sustained without leave to amend. We affirm.

For the purposes of this appeal we assume the truth of the factual allegations of the complaint. (Beauchene v. Synanon Foundation, Inc. (1979) 88 Cal.App.3d 342, 344 [ 151 Cal.Rptr. 796 ].) To assist our determi nation of whether there was a reasonable possibility that amendment could have cured the defects in the complaint, we also include additional factual material presented to the court below with which plaintiff could have amended his complaint had amendment been allowed. (See Tarasoff v. Regents of University of California (1976) 17 Cal.3d 425, 432, fn. 3 [ 131 Cal.Rptr. 14 , 551 P.2d 334 , 83 A.L.R.3d 1166 ].)

On May 29, 1984, plaintiff was brutally attacked by Ronald C. Burnette (Burnette), a minor, who, at the time of the attack, was a resident at defendant facility, a group home provider licensed by the State Department of Social Services. Burnette had been placed in defendant facility by order…

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