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WILSON v. COUNTY OF SAN DIEGO

No. D034614.

111 Cal.Rptr.2d 173 (2002)

91 Cal.App.4th 974

Michael William WILSON, a Minor, etc., Plaintiff and Appellant, v. COUNTY OF SAN DIEGO et al., Defendants and Respondents.

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

July 24, 2001.

Attorney(s) appearing for the Case

Lois Brown Kelly, Encinitas, for Plaintiff and Appellant.

John J. Sansone, County Counsel, Diane Bardsley, Assistant County Counsel, and Deborah A. McCarthy, Deputy County Counsel, for Defendants and Respondents County of San Diego and Geraldine Flaven.

Callahan, McCune & Willis and Norma S. Marshall, for Defendants and Respondents Michael Polite, Chris Johnson and Professional Resource Enterprises, Inc.

NARES, J.

In this personal injury case, we hold that defendant County of San Diego (County) and its employees did not have a mandatory duty to prevent an adolescent from running away from Polinsky Children's Center (Polinsky), where he was placed after being taken into protective custody. Because there was no statutory basis to impose negligence liability on the defendants, we affirm summary judgments in their favor...

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