Reinemann v. County of Los Angeles CA2/2

Filed 4/14/15 Reinemann v. County of Los Angeles CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

EREKAH REINEMANN et al., B255760

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC490830) v.

COUNTY OF LOS ANGELES,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County. Elia Weinbach, Judge. Affirmed.

Law Offices of Garrotto & Garrotto and Greg W. Garrotto and for Plaintiffs and Appellants.

Collins Collins Muir + Stewart, Melinda W. Ebelhar, Tomas A. Guterres, and Christie Bodnar Swiss for Defendant and Respondent.

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Plaintiffs and appellants Erekah Reinemann and Donald Hillman III challenge a trial court order dismissing their lawsuit against the County of Los Angeles (County). Plaintiffs, who are minors, brought this action for damages following the death of their infant sister, Diamond Hillman (Diamond), from Shaken Baby Syndrome at the hands of her presumptive father, Donald Hillman, Jr. (father). Because plaintiffs lack standing to pursue their claim for wrongful death, we affirm. 1 FACTUAL AND PROCEDURAL BACKGROUND Factual Background According to the second amended complaint (SAC), Diamond was a dependent under the jurisdiction of the Los Angeles County Dependency Court and was under the supervision of the Los Angeles County Department of Children and Family Services (DCFS). Prior to Diamond’s birth, plaintiffs had been detained by DCFS and declared dependents of the superior court as a result of sustained allegations of emotional and physical neglect and abuse. After her birth, Diamond’s parents (father and Felicia Fitzhugh-Hillman (mother), who is the mother of all three children) and DCFS agreed to a voluntary family maintenance agreement, which allowed her to remain in her parents’ home, despite the fact that father had a criminal record that included violent acts and the fact that there was a history of domestic violence. 2 On or about October 3, 2009, mother told father that she wanted to end their marriage, that she had had an affair, and that Diamond was not his biological daughter. She then left, leaving Diamond in father’s care. On October 4, 2009, Diamond was admitted to the hospital with severe bleeding in the brain, consistent with being shaken.