Facts

Rosario Perez, Genesis Camacho, Jeremiah Camacho, and Precious Camacho sued Montebello Unified School District, Diana Barrales, Diana Corales, County of Los Angeles, Erin Greene, and Eugene Kerr, in connection with the death of Tarin, a minor.

Plaintiffs consisted of the decedent's mother, Rosario Perez, and his half-siblings who were also minors. The half siblings claims were later dismissed.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that the decedent, 11, was a juvenile dependent at the time of his death.

Plaintiffs alleged that in 2008, the decedent and his minor siblings were placed in foster care due to a domestic violence incident between Perez and her live-in partner, David Camacho, who was also the father of the decedent's minor half-siblings. In 2009, the decedent returned home to his mother. Around the decedent's eleventh birthday in February 2010, the Los Angeles Dept. of Children and Family Services received information about David Camacho's conduct towards the decedent. Plaintiffs alleged that David Camacho beat the decedent. As a result, DCFS detained the decedent and his half-siblings. They were subsequently returned to Perez's care on the condition that David Camacho not live in the same household. Despite the court's explicit order, David Camacho returned on or before June 8, 2010.

Plaintiffs alleged that on June 8, 2010, Jorge announced that he wanted to commit suicide while in class, the staff at Merced Intermediate School called DCFS' Psychiatric Emergency Team, known as PET Team, and had the child evaluated. The PET Team determined that decedent could be sent home. Decedent was sent home with a business card from the school psychologist instructing Perez to call the school about the events of that day involving decedent. Plaintiff contended that Perez did not get the business card until after the school had closed for the day and she was not given any information about decedent's suicidal pronouncements that day. Plaintiffs alleged that the decedent told school administrators that he wanted to kill himself. No one contacted Perez about this incident. Defendants then allowed the decedent to take the school bus home at day's end. They did not provide any further supervision or monitoring.

Plaintiffs alleged that social workers came to their home that night. David Camacho answered the door, but the social workers did not recognize him or they were not aware that he was prohibited from living in the same household as the children. It is disputed whether the social worker had informed the mother of decedent's suicidal pronouncements. The social workers interviewed the decedent and his family, then left. After they left, the decedent hung himself in his bedroom. He died two days later.

Plaintiffs alleged that the decedent's death was foreseeable, and that defendants contributed to, and were liable for negligence. Plaintiffs asserted claims for negligent supervision, breach of mandatory duties, negligent infliction of emotional distress, negligent training, wrongful death, negligence for breach of mandatory public entity duties, two counts of negligent infliction of emotional distress, fraudulent suppression of fact, negligent misrepresentation, medical malpractice, and another count for wrongful death.

DEFENDANTS' CONTENTIONS:
The District demurred to the complaint, for failure to state facts sufficient to constitute a cause of action. The school contended that it had acted appropriately by calling the PET Team and relied on the decision of the PET Team that Jorge could be sent home.

Result

The county agreed to pay $50,000 in settlement, and the District also agreed to pay $50,000 in settlement. Plaintiff Rosario Perez received a total of $100,000.

Other Information

The minors half siblings were all in the case on a theory of bystander liability negligent infliction of emotional distress, because they were present when the deceased child's body was discovered and removed from the house. None of the half siblings saw the deceased actually hang himself. The judge dismissed the claims of the half siblings on demurrer because the children were not present when Jorge actually hung himself.