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HAYES v. COUNTY OF SAN DIEGO

No. 09-55644.

658 F.3d 867 (2011)

Chelsey HAYES, a minor by and through her guardian ad litem, Plaintiff-Appellant, v. COUNTY OF SAN DIEGO, dba San Diego County Sheriff's Department; et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 14, 2011.

Attorney(s) appearing for the Case

Alvin Gomez , Gomez Law Group, San Diego, CA, for Plaintiff-Appellant.

Morris Gerard Hill, Esquire , John James Sansone, Esquire , General Counsel, San Diego, CA, for Defendants-Appellees.

Before: ALFRED T. GOODWIN and JOHNNIE B. RAWLINSON, Circuit Judges, and ALGENON L. MARBLEY, District Judge.

ORDER

This case requires us to decide, as a matter of California negligence law, whether law enforcement officers owe a duty of care in approaching a suicidal person as part of a welfare check. While we previously held there was convincing evidence that the California Supreme Court would not follow intermediate state appellate court decisions on this issue, Appellees requested in their petition for rehearing that we certify the issue. We now respectfully request...

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