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Inmate's petition for a writ of mandate seeking review of trial court's ruling sustaining demurrers to several of her and her infant daughter's causes of action for physical injury and emotional distress is granted in part where: 1) the trial court properly sustained the demurrer as to plaintiff's causes of action for negligence, negligent infliction of emotional distress, and intentional infliction of emotional distress against the state, as well as her cause of action for "failure to furnish medical care to prisoner" against the state and state employees, as plaintiff was a prisoner and the defendants are entitled to immunity under the Tort Claims Act; 2) plaintiff's infant daughter was not a prisoner within the meaning of Gov Code section 844, and thus, defendants are not entitled to claim the protection of the special immunity provisions set forth in Gov Code section 844.6 and 845.6 which apply only to injuries incurred by prisoners; 3) under the exception to governmental immunity for vicarious liability of an employee acting within the scope of his employment, the complaint adequately pleads a cause of action for negligence against the state for the acts and omissions of the state employees; 4) the complaint does not plead causes of action for negligent and intentional infliction of emotional distress against the employees on behalf of the infant daughter; 5) the complaint does not state a direct claim against the state under the theory that it breached a mandatory statutory duty to the daughter; 6) trial court erred in sustaining the correctional facility's demurrer on the ground of governmental immunity; and 7) the trial court erred in sustaining the facility employees' demurrers on the basis of governmental immunity as they are not public employees and, even if they were, immunity would not apply for the causes of action at issue in the case.
Filed January 11, 2010
Opinion by Judge Irion
For Appellant: William J. Brown III; and John T. Richards
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