Lingenfelter

Janice Lingenfelter (plaintiff) appeals after judgment was entered in favor of County of Fresno and its Human Services System, *201 erroneously identified as the Department of Social Services (collectively, defendant). Plaintiff filed the action after her son, Levi, died while in foster care. Plaintiff attributes Levi’s death to the allegedly improper treatment he received for his medical conditions.

Plaintiff challenges the order that granted defendant summary adjudication on the first two causes of action in her complaint, as well as the judgment entered after the superior court granted defendant’s motion for nonsuit after plaintiff’s opening statement at trial on her third cause of action. In the unpublished portion of this opinion, we conclude that the superior court properly granted defendant’s motion for summary adjudication, because the claim plaintiff filed for her injuries was not presented in a timely manner. We also hold, however, that the trial court erred in granting defendant’s motion for nonsuit, on plaintiff’s third cause of action for intentional infliction of emotional distress, because the validity of the third cause of action did not depend, as…

I concur in the decision of the majority that the judgment must be reversed. Janice Lingenfelter stated facts in her opening statement that could expose the County of Fresno and its Human Services System (collectively, the County) to a judgment for intentional infliction of emotional distress. The trial court therefore erred in granting judgment for the County.

I am writing separately, however, to state my disagreement with (1) the decision of the majority to discuss the propriety of a motion for nonsuit in a court trial, and (2) the analysis of the issue by the majority.

“Appellate courts generally will not address issues whose resolution is unnecessary to disposition of the appeal. [Citations.]” (Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs (The Rutter Group 2005) ¶ 8:202, p. 8-126.) The majority, in what can be described only as obiter dicta, offers an analysis of an issue that was unnecessary to resolve the dispute presented to us. Since dicta is not binding authority (Katie V. v. Superior Court (2005) 130 Cal.App.4th 586, 598 [ 30 Cal.Rptr.3d 320 ]), this discussion should have been omitted from the majority opinion.

I also believe the majority reaches…

CERTIFIED FOR PARTIAL PUBLICATION. [*]

Janice Lingenfelter (plaintiff) appeals after judgment was entered in favor of County of Fresno and its Human Services System, erroneously identified as the Department of Social Services (collectively, defendant). Plaintiff filed the action after her son, Levi, died while in foster care. Plaintiff attributes Levi's death to the allegedly improper treatment he received for his medical conditions.

Plaintiff challenges the order that granted defendant summary adjudication on the first two causes of action in her complaint, as well as the judgment entered after the superior court granted defendant's motion for nonsuit after plaintiff's opening statement at trial on her third cause of action. In the unpublished portion of this opinion, we conclude that the superior court properly granted defendant's motion for summary adjudication, because the claim plaintiff filed for her injuries was not presented in a timely manner. We also hold, however, that the trial court erred in granting defendant's motion for nonsuit, on plaintiff's third cause of action for intentional infliction of emotional distress, because the validity of the third…