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HERNANDEZ v. STATE OF CALIFORNIA

Docket No. 35804.

11 Cal.App.3d 895 (1970)

90 Cal. Rptr. 205

JESUS HERNANDEZ et al., Plaintiffs and Appellants, v. STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

October 1, 1970.

Attorney(s) appearing for the Case

COUNSEL

Harper & Cone and Naomi Litvin Helm for Plaintiffs and Appellants.

Thomas C. Lynch, Attorney General, Willard A. Shank, Assistant Attorney General, and N.B. Peek, Deputy Attorney General, for Defendant and Respondent.

OPINION

FLEMING, J.

Appeal from the dismissal of plaintiffs' action on demurrer. The legal question is whether because of negligent maintenance of records the state and its employees are answerable in damages for the death of the mother of a former inmate of a state mental hospital who had been released from confinement in a dangerously disturbed condition in June 1968 and who assaulted...

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