Vasquez v. County of Los Angeles
Plaintiffs, the widow and children of Julio Olvera (decedent), appeal the dismissal of their complaint against the defendant County of Los Angeles for negligent mishandling of a corpse and negligent supervision of its employees. Plaintiffs alleged that the County Coroner's office failed to preserve and/or protect the decedent's body from decay as mandated by Health and Safety Code sections 7100 et seq. The trial court found that the cited statutes do not create the mandatory duty alleged by plaintiffs, and so sustained the County's demurrer to the complaint. In addition to appealing that ruling, plaintiffs request leave to amend their complaint to state a cause of action against the County for violation of their due process rights under 42 United States Code section 1983. Court affirm the judgment and deny plaintiffs' request for leave to amend.
Comments on Vasquez v. County of Los Angeles