Russell

FACTS AND PROCEEDINGS

Pretrial Procedure On February 23, 2013, DeAvila raped and murdered Russell at her home in Stockton. DeAvila was on parole at the time of his crime. In August 2013, plaintiff filed a complaint alleging that the negligence of the Department’s agents contributed to the murder. Plaintiff later amended the pleading to include allegations that DeAvila’s parole agents knew he intended to rape and kill Russell but failed to warn her. Plaintiff abandoned those allegations after discovery revealed no evidence anyone knew DeAvila intended to harm Russell. In March 2017, plaintiff filed a second amended complaint alleging DeAvila was “released on parole and placed by parole [agents] into the home of [Russell] where he was to live.” The complaint alleged two parole agents, Roy Lacy and Adolfo Romero, formed a special relationship with Russell that gave rise to a duty to warn her of DeAvila’s dangerous propensities. The Department demurred to the second amended complaint; it asserted plaintiff failed to plead facts sufficient to constitute a cause of action because: (1) plaintiff failed to plead facts sufficient to demonstrate special relationship had been established;…