Thomas

In this tort action a motion by defendant county for judgment on the pleadings was granted by the court.

The second amended complaint alleges that defendant county through its agents, officers and employees negligently permitted a juvenile delinquent and ward of the juvenile court to be placed for board and lodging with plaintiff who operated a foster home; that they knew said ward had dangerous propensities, a fact known to defendant but of which plaintiff was unapprised. The ward is alleged to have attacked plaintiff with a metal pipe on May 12, 1960, inflicting serious bodily injuries.

The sole basis of the court’s ruling granting the motion for judgment on the pleadings was that Civil Code section 22.3 enacted by the Legislature in 1961 (Stats. 1961, eh. 1404) was intended to abrogate the rule of Muskopf v. Corning Hospital Dist., 55 Cal.2d 211 [ 11 Cal.Rptr. 89 , 359 P.2d 457 ], holding that the rule of governmental immunity could no longer be invoked as a defense by a public body, relieving it from liability1- from torts of its agents acting in a ministerial capacity; that this abrogation of the Muskopf rule applied to causes of action accruing prior to February 27,…