JL

Plaintiff and appellant J.L., a minor, by and through his guardian ad litem D.L., appeals from a judgment entered in favor of defendant and respondent the Children’s Institute, Inc. (CII), following a grant of summary judgment on appellant’s complaint for negligence. Appellant was sexually assaulted by a 14 year old while in a family daycare home to which CII referred him. The trial court ruled that CII owed no duty to protect appellant from the harm suffered. We affirm. CII owed no duty to protect against an unforeseeable criminal assault, nor was it vicariously liable for any possible breach of duty by the daycare provider.

FACTUAL AND PROCEDURAL BACKGROUND

CII and Its Referral of Appellant to Yglesias.

CII is a nonprofit corporation that provides licensed family childcare services to eligible families. It has a master contract with the State of California to provide childcare services through its own licensed daycare facilities located in four areas in Los Angeles County. It also contracts with approximately 45 licensed family daycare homes to which eligible families may be referred. Each family daycare home with which CII contracts must be licensed by the State…