County of Los Angeles v. Superior Court

Defendant County of Los Angeles (County) petitions for a writ of mandate ordering respondent court to grant its motion for summary judgment of the action brought against it by real party in interest Terrell R. This case arises out of Terrell’s dependency placement in a foster family home in which he was sexually molested. He alleged the County breached mandatory duties causing his injuries. We conclude no triable issue of fact exists as to the breach of any mandatory duty by the County causing Terrell injury. He further alleged the County was responsible under the doctrine of respondeat superior for the negligence of its social worker. We conclude the social worker and the County are immune for the discretionary acts of the social worker in placing and supervising Terrell. Accordingly, we grant the petition and order respondent court to grant the motion for summary judgment and enter judgment in favor of the County.

Facts and Procedural Background 1

Facts

Terrell was bom in April 1988. Terrell and his four siblings were declared dependents of the court and removed from the custody of their mother in *634 November 1996. The children were placed with the maternal…