Benavidez

—After Adela Benavidez was attacked three separate times by her live-in boyfriend within one 24-hour period, she sued the City of San Jose (City), the San Jose Police Department (Police), Chief of Police Louis Cobarruviaz, and Police Officer Michael Lloyd for negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence per se, and violation of 42 United States Code section 1983 for failing to take adequate precautions to protect her and her son, Joey Benavidez. Defendants moved for summary judgment on all causes of action, and the court granted the motion. Benavidez and her son appeal the court’s decision only as to the first (negligence) and third (negligent infliction of emotional distress) causes of action. For reasons we shall explain, we affirm the judgment.

Facts

In 1993, plaintiff and her son Joey were living with plaintiff’s boyfriend, Richard Cortez. Cortez verbally abused plaintiff and, on occasion, physically abused her as well. In August 1993, plaintiff had to call the Police because Cortez had beaten her up. She described the August 1993 incident as the only other incident “of equally serious physical…