Guzman

This matter is before us on remand from the Supreme Court. Plaintiffs were residents of Jensen Camp Mobile Home Park (Jensen Camp) located in the County of Monterey (County). Plaintiffs alleged that Jensen Camp water had been contaminated with dangerously high levels of naturally occurring fluoride since at least 1995 but that they were not informed of the contamination until 2003. Plaintiffs sued Rick Pinch, Jensen Camp’s owner and water system operator. Plaintiffs also sued County. Plaintiff’s third cause of action alleged that County was liable under Government Code section 815.6 for breaching mandatory duties imposed by the California Safe Drinking Water Act (Health & Saf. Code, § 116270 et seq.) and its implementing regulations. Plaintiffs pointed out that the regulations required County to have reviewed the reports Pinch submitted between 1995 and 2002, all of which showed that the water was contaminated, and to have reported the violations to the State Department of Health Services (DHS). According to plaintiffs, these duties implied the further duty to direct Pinch to notify them of the contamination.

The trial court sustained County’s demurrer to the third cause…