Alejo

In 1973, Dr. Vincent Fontana wrote a book on child abuse entitled, Somewhere a Child Is Crying. The complaint in this case asks: “Is anyone listening?” In sustaining a demurrer to the complaint, the trial court held a city is not liable when its police officers fail to investigate and report their reasonable suspicions a child has been the victim of physical abuse and, as a result, the child suffers further abuse. We reverse.

Facts and Proceedings Below

For the purposes of this appeal, we accept as true the properly pleaded factual allegations of the complaint. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 635 [ 49 Cal.Rptr.2d 377 , 909 P.2d 981 ].)

Three-year-old Alec Alejo resided with his mother and her live-in boyfriend, Mike Gonzalez, in the City of Alhambra. On May 18, 1997, Hector Alejo, Alec’s father, became concerned when he observed Alec had severe facial bruising to and surrounding the area of his left eye. He questioned both Alec and his mother, Jamie Clark, about the injury but their explanations did not dispel his concern.

Three days later, on the evening of May 21, 1997, Hector received a telephone call from a neighbor and close friend of Clark’s, who…