Hill

— Plaintiff Rhonda Hill’s infant daughter Amber tragically died while in the care of Amber’s foster mother, defendant Gean Newkirk. Hill brought a negligence action against Newkirk. The court sustained Newkirk’s demurrer without leave to amend on the ground that Hill failed to first file a claim with the Foster Family Home and Small Family Home Insurance Fund (Fund) as required by Health and Safety Code section 1527.6, subdivision (d). We affirm the judgment.

Procedural and Factual Background

In reviewing the trial court’s judgment sustaining a demurrer without leave to amend, we accept as true all properly pleaded allegations stated in Hill’s second amended complaint. (J’Aire Corp. v. Gregory (1979) 24 Cal.3d 799, 803 [ 157 Cal.Rptr. 407 , 598 P.2d 60 ].)

Amber was born on April 9, 1989, with severe respiratory problems. She was thereafter placed with Newkirk, a foster parent licensed to care for medically fragile children. According to the second amended complaint, Amber’s “fragile health . . . required that [she] be at all times attached to an Apnea monitor in order to detect the existence or condition of [her] breathing. On [August 9, 1989] . . . Newkirk []…