Doe

Doe v. Dep't of Children & Family Servs.

Good Law
250 Cal. Rptr. 3d 62·37 Cal. App. 5th 675
Court of Appeal of CaliforniaJune 20, 2019B276699California8,468 words

Opinion

Lead Opinion

Bigelow, J.

*68 *679 Jane Doe appeals from a judgment of nonsuit and postjudgment awards of attorney fees and costs. Doe sued the Los Angeles County Department of Children and Family Services (DCFS) as well as a private foster care agency for negligence and failure to perform statutorily mandated duties, which she claims resulted in sexual abuse by her foster mother's two sons. Doe contends the defendants were not entitled to nonsuit and that the trial court erred when it denied her request to file a fifth amended complaint, admitted evidence of consent, and awarded attorney fees and costs to the defendants. We affirm the judgment of nonsuit and the attorney fees order, but reduce the amount of costs by $6,988.37.

FACTS

Doe was placed in foster care at a very young age. She has spent most of her life moving between different foster homes and group homes. From March to September 2009, 17-year-old Doe lived in the foster home of Stephanie Sykes. Doe told her social worker that her placement in the Sykes home was the best she had ever had. While there, Doe began a sexual relationship with Sykes's 27-year-old son, Dwayne Winston, and became pregnant with his child. Doe alleged Dwayne lived in…

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