Z
Z v. v. County of Riverside CA4/3
Opinion
Opinion
Bedsworth, J.
I. INTRODUCTION
Z.V., then 15 years old and in foster care, was sexually assaulted by Riverside County social worker Sean Birdsong on September 21, 2009. In this lawsuit, Z.V. seeks to hold Birdsong’s employer, Riverside County, responsible for the assault under the doctrine of respondeat superior, which is legalese for the vicarious liability of an employer. Z.V. relies primarily on Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202 [ 285 Cal.Rptr. 99 , 814 P.2d 1341 ] (Mary M.). The Mary M. case held that a female motorist stopped late at night by a city police officer on suspicion of drunk driving and subsequently raped by that officer could sue the city under a theory of respondeat superior.
As we explain below, there is considerable doubt that Mary M. has any applicability beyond the narrow context of an arrest performed by a uniformed, armed police officer in the normal course of that officer’s duties. (See Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 304 [ 48 Cal.Rptr.2d 510 , 907 P.2d 358 ] (maj. opn.) (Lisa M.) [noting that Mary M’s holding was “expressly limited”].) However, even if Mary M. might apply to cases beyond the “unique”…