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MacDONALD v. STATE OF CALIFORNIA

Docket No. D010598.

230 Cal.App.3d 319 (1991)

281 Cal. Rptr. 317

WILLIAM CLIFFORD JOHN MacDONALD, a Minor, etc., et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

May 20, 1991.

Attorney(s) appearing for the Case

COUNSEL

Thorsnes, Bartolotta, McGuire & Padilla and Frederic L. Gordon for Plaintiffs and Appellants.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Marvin Goldsmith, Assistant Attorney General, Randall B. Christison, Luis R. Vargas and Kristin G. Hogue, Deputy Attorneys General, Lloyd M. Harmon, Jr., County Counsel, Diane Bardsley, Chief Deputy County Counsel, Susan A. Crabtree and F. David Froman, Deputy County Counsel, for Defendants and Respondents.

OPINION

HUFFMAN, Acting P.J.

This appeal raises the question of whether the statutory scheme for licensing and inspecting day care facilities (Health & Saf. Code, § 1596.70 et seq.)1 creates a privately enforceable mandatory duty on the part of governmental entities to discover and prevent harmful conduct that might injure children placed in such facilities by their parents. We answer this question...

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