Brown

BACKGROUND FACTS AND PROCEDURE

Following demurrers to his first and second amended complaints, Brown filed his third amended complaint, which is the operative complaint (the complaint). In his complaint, Brown alleges that the Department is liable because it failed to take action to prevent ongoing cyber-attacks committed against his family and business between 2017 and 2019. As a result of these cyber-attacks, Brown alleges that his minor children were the victims of numerous cybercrimes, including hacking and cyber harassment, which amounted to “child abuse” within the meaning of the Reporting Act. Brown alleges that he notified the Department multiple times of the abuse and requested assistance in preventing the cyber-attacks, but the Department refused to take any action and instead referred him to local law enforcement and the Federal Bureau of Investigation (FBI).

Undesignated section references are to the Government Code. Brown alleges that he followed the Department’s advice and reported the abuse to local law enforcement and the FBI, but nothing was done.

2 On these facts, the complaint alleges two causes of action against the Department. The first…