After a woman discharged herself against medical advice from an in-patient substance abuse treatment program, her family contacted the Costa Mesa Police Department to file a missing persons’ report. According to the complaint, the woman’s family was allegedly told that the report could not be taken over the phone. Shortly thereafter, the family appeared in person and made a report.
A few hours later, the family received information that the woman was located in San Fernando Valley. The family conducted their own private surveillance and made repeated contact with the Los Angeles Police Department, indicating they believed the woman was the victim of human sexual trafficking. The LAPD conducted an investigation and searched the home. Four days later, the woman was found dead in the previously searched home.
Despite the death being ruled an accidental overdose, the woman’s family believed she was drugged and killed by the occupants of the San Fernando Valley home. The family filed a 76-page complaint asserting multiple causes of action against 15 defendants, including the City of Costa Mesa. Plaintiffs asserted that the City was responsible for the wrongful death and fraud because it allegedly informed the family that missing persons’ reports could not be taken over the phone.
Jones Mayer Certified Appellate Specialist Scott Davenport filed a demurrer on behalf of the City asserting the City was absolutely immune for the failure to provide police protection or to make an arrest. On May 15, 2025, the Los Angeles Superior Court agreed and sustained the demurrer without leave to amend.