Rodriguez

Plaintiffs, the real parties in interest, Crystal B., Valerie R., and Steven G., Anita G., Brenda P. and Emily C., minors, by and through their respective guardians ad litem (collectively plaintiffs), have sued defendant Sandra Rodriguez, the petitioner herein, for abuse and neglect they allegedly suffered while in her foster care. Rodriguez demurred, contending no cause of action was stated because plaintiffs failed to allege they filed timely claims with the Foster Family Home and Small Family Home Insurance Fund (the Fund). Respondent superior court overruled the demurrer. Rodriguez now petitions for a writ of mandate directing the trial court to vacate its order overruling her demurrer and to enter a new order sustaining her demurrer without leave to amend.

The Fund was established by the Legislature to pay, on behalf of foster family homes, claims by foster children and others resulting from occurrences peculiar to the foster care relationship and the provision of foster care services. (Health & Saf. Code, § 1527.1.) The Fund’s liability is capped at $300,000 for any single foster family home for all claims arising due to one or more occurrences during a single…