Facts

Dinara Arevalo was driving on the 101 freeway on a small SUV at an excessive speed while having a mental breakdown. She was not fully aware of her actions when she struck plaintiff Brett Bronstad and Michael Garcia. Garcia went into a coma that eventually led to his death. Plaintiffs Brett Bronstad, Sarah Bronstad, Jessica Garcia sued defendant the City of Lompoc for the wrongful death of decedent Michael Garcia involving a motor vehicle incident with Arevalo.

Arevalo reported to the Lompoc Police Department for having a mental breakdown and brandishing a knife. The Lompoc Police Department did not detain Arevalo.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that the Lompoc Police Department was negligent for failing to detain Arevalo during her condition. Plaintiffs contended that defendant's negligence created an unreasonable risk to plaintiffs as they were driving on the 101 freeway.

DEFENDANT'S CONTENTIONS: Defendants contended that plaintiffs' complaints failed to establish that defendants owed plaintiffs a duty of care. Defendants also contended that it was immune from liability pursuant to Government Code Section 845 and 846.

Result

The court sustained defendant City of Lompoc's demurrer to plaintiffs' first amended complaint. The court also sustained defendant State of California's demurrer to plaintiffs' fourth and fifth causes of action in the first amended complaint