Facts

Anthony Gallardo sued Jeffrey Peurrung, Orange County Social Services Agency/Children and Family Services, and New Alternatives Court Return Facility, in connection with minor daughter Erica Gallardo's death.

PLAINTIFF'S CONTENTIONS:
The decedent and her siblings were under the care of the county while in foster care with defendant New Alternatives. In 2013, the decedent ran away from foster care several times. On May 15, she was placed in defendant New Alternative's Court Return Facility until she ran away on Sept. 10. On Sept. 15, plaintiff visited the decedent and only then found out that she had run away. On Sept. 16, defendant Peurrung was arrested after the decedent, who was then 15, died of an overdose.

Peurrung was charged with lewd acts upon a child and furnishing the decedent and her friend, also a minor, with methamphetamine. Plaintiff then brought this action against defendants. Plaintiff alleged causes of action for wrongful death against Peurrung and New Alternatives and failure to discharge mandatory duty against the county.

DEFENDANTS' CONTENTIONS:
The county denied the allegations and asserted various affirmative defenses and moved for summary judgment, denying liability. The county contended that it had no mandatory duty to inspect and evaluate the facility, which was a group home as opposed to a foster family home, and that any failure was not the proximate cause of the decedent's death. Additionally, the county contended that plaintiff's action as barred by discretionary immunity.

The facility likewise moved for summary judgment, claiming it breached no duty. The facility also contended that any alleged breach was not a substantial factor in the decedent's death. Further, that any negligence was extinguished by Peurrung's independent and superseding acts.

Result

The court granted defendants' motion for summary judgment.

Other Information

FILING DATE: Sept. 11, 2015.