Lawson

Denisha Lawson was incarcerated in a community-based correctional facility operated by Center Point, Inc. (Center Point), where she resided with her infant daughter, Esperanza. Lawson and Esperanza, by and though her guardian ad litem, filed a lawsuit against the State of California (the State), Center Point, and employees of the State and Center Point, alleging that Esperanza sustained physical injury and Lawson experienced emotional distress when defendants failed to obtain medical treatment for Esperanza’s serious respiratory infection. Citing the governmental immunity set forth in the Tort Claims Act (Gov. Code, § 810 et seq.), the trial court sustained demurrers to several of the causes of action asserted by Esperanza and Lawson.

Lawson and Esperanza filed a petition for writ of mandate asking us to review the trial court’s ruling on the demurrers, and we issued an order to show cause.

As we will explain, the trial court erred in sustaining (1) the State’s demurrer to Esperanza’s cause of action for negligence; and (2) the demurrer brought by Center Point and its employees as to (a) Lawson’s causes of action for negligence, negligent infliction of emotional…