Burt

Burt v. County of Orange

Good Law
120 Cal. App. 4th 273·15 Cal. Rptr. 3d 373·2004 Cal. App. LEXIS 1035·2004 Daily Journal DAR 8004·2004 Cal. Daily Op. Serv. 5874
Court of Appeal of CaliforniaJune 30, 2004G031938California4,558 words

Opinion

Opinion

Rylaarsdam, J.

Plaintiff Catherine Donahue Burt appeals from a judgment entered after the trial court sustained without leave to amend the demurrer of defendant County of Orange (county ) to her amended petition for a writ of administrative mandate. The petition sought to compel the county’s Social Services Agency (SSA) to grant her a hearing to challenge its decision to file a report with the Child Abuse Central Index (CACI) finding an allegation of suspected child abuse by plaintiff was either substantiated or inconclusive. Plaintiff contends defendant’s decision to deny her an opportunity to participate in the investigation that led to the finding and report violated her constitutional rights to due process and privacy. We conclude plaintiff has alleged sufficient facts to support a right to relief and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff filed a petition against county seeking a writ of administrative mandamus. (Code Civ. Proc., § 1094.5.) By an amended petition, plaintiff also named the State of California’s Department of Justice (DOJ), but conceded the DOJ acts “merely [as] a ‘respository’ for information that is reported to it by the various agencies . . .…

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