Ronald S. v. County of San Diego

The County of San Diego (County) appeals from a judgment in the sum of $850,000, rendered after jury verdict. The delicts of the County relate to its administration of the dependency status of the minor plaintiff, Ronald S. (Ronald).

The factual background of Ronald’s unhappy life need be stated, for the purposes of our opinion, only in summary fashion. Ronald and his sister lost *891 their parents at an early age as the result of a murder/suicide. After an unsuccessful attempt at living arrangements with relatives, the children were declared dependents of the County. Following another period of foster home living the children were placed with Merlin and Karen Mundy (the Mundys). The Mundys eventually sought adoption of the children; the adoption was approved by the County, and it became final in January 1982.

The jury heard evidence that excessive corporal punishment of Ronald’s sister started before the adoption became final. Shortly after the adoption, physical abuse of Ronald commenced. He ran away from home in June 1982, was found by the police department and returned home. Ronald again ran away on August 21,1982, was again apprehended by the police, but this time…

I

Liability Provided by Statute

I agree with my colleagues that the County of San Diego’s (County) relationship with Ronald S. prior to his adoption imposed upon the County a duty to protect Ronald from injury inflicted by Merlin Mundy. (Johnson v. State of California (1968) 69 Cal.2d 782, 785-786 [ 73 Cal.Rptr. 240 , 447 P.2d 352 ]; see also MacDonald v. State of California (1991) 230 Cal.App.3d 319, 334 [ 281 Cal.Rptr. 317 ].)

I also agree that following Ronald’s adoption by the Mundys, the County had the same relationship with Ronald it had with any other child. (See Civ. Code, § 221.74; MacDonald v. State of California, supra, 230 Cal.App.3d at p. 334 .)

Nonetheless, I believe the majority errs in concluding that following the adoption, no new “special relationship” was created by the County’s conduct. (See maj. opn., ante, p. 895, fn. 4.) In particular, I note the record is clear that on at least two occasions following his adoption Ronald was held at the Hillcrest Receiving Home and the County regained complete physical custody over him. In my view while Ronald was in the receiving home, the County again had practical and legal control over him sufficient to support a…

The County of San Diego (County) appeals from a judgment in the sum of $850,000, rendered after jury verdict. The delicts of the County relate to its administration of the dependency status of the minor plaintiff, Ronald S. (Ronald).

The factual background of Ronald's unhappy life need be stated, for the purposes of our opinion, only in summary fashion. Ronald and his sister lost their parents at an early age as the result of a murder/suicide. After an unsuccessful attempt at living arrangements with relatives, the children were declared dependents of the County. Following another period of foster home living the children were placed with Merlin and Karen Mundy (the Mundys). The Mundys eventually sought adoption of the children; the adoption was approved by the County, and it became final in January 1982.

The jury heard evidence that excessive corporal punishment of Ronald's sister started before the adoption became final. Shortly after the adoption, physical abuse of Ronald commenced. He ran away from home in June 1982, was found by the police department and returned home. Ronald again ran away on August 21, 1982, was again apprehended by the police, but…