California Court of Appeal

In a minor's negligence action against the Children's Institute, Inc. (CII) for referring the minor to a day care where he was sexually assaulted, trial court's grant of summary judgment in favor of defendant is affirmed where CII owed no duty to protect against an unforeseeable criminal assault, as there was no evidence showing CII had actual knowledge of the boy's assaultive tendencies or that he posed any risk of harm, nor was it vicariously liable for any possible breach of duty by the day care provider.

Appellate Information

• Decided 09/03/2009
• Published 09/03/2009

Judges

• DOI TODD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Michels & Watkins, Jin N. Lew;  Steven B. Stevens and Steven B. Stevens, Los Angeles, for Plaintiffs and Appellants.


• For Appellees:
  
• Kessel & Associates, Elizabeth M. Kessel, Los Angeles, and Scott E. Boyer for Defendant and Respondent.