Shalghoun v. North Los Angeles County Regional Center, Inc. (Jan. 25, 2024, B323186) __ Cal.App.5th __ [2024 WL 277313]
Under the Lanterman Developmental Disabilities Services Act (Welf. & Inst. Code, § 4500 et seq.), California uses a network of private, nonprofit entities called “regional centers” to provide developmentally disabled persons with individually tailored services and support. The North Los Angeles County Regional Center placed J.C., a developmentally disabled adult, in a licensed adult residential facility. Ali Shalghoun, the facility’s administrator, asked the Regional Center to relocate J.C. after he repeatedly exhibited aggressive behavior. While the Regional Center was seeking to place J.C. in another facility, he attacked and seriously injured Shalghoun. Shalghoun sued the Regional Center for negligently failing to prevent the attack. The trial court granted the Regional Center’s motion for summary judgment on the ground that the Regional Center owed Shalghoun no duty of care. Shalghoun appealed.
The Court of Appeal affirmed, holding that—for three reasons—regional centers have no duty to protect employees of residential facilities from injuries caused by a developmentally disabled resident when the regional center does not immediately relocate the resident at the facilities’ request.
First, the court held that regional centers have no special relationship with employees of facilities supporting a duty of care. The regional centers cannot control residents or the environments in which they are placed; they merely coordinate residents’ services. Second, even if regional centers had the ability to control residents, their duty would be to protect residents, not employees of the facility. The Lanterman Act provisions evince an intent to protect developmentally disabled persons, but no one else. Third, public policy disfavors imposing liability in this situation. Regional centers cannot unilaterally relocate residents and cannot prevent future injuries, and therefore do not bear moral blame—even for foreseeable injuries. Imposing liability on regional centers for injuries caused by facility residents would essentially make them insurers against such injury, and that would likely drive regional centers out of business or impede their ability and willingness to provide needed services to the disabled without preventing future harm.
