In October 2013, plaintiff Noah Reed, 5, was at his home in Yucca Valley, where he lived with his father, Christopher Reed, and his father’s girlfriend, Hannah Thompson. A social worker, Karen Perry, arrived to investigate reports that Thompson was abusing Noah. After speaking with Mr. Reed, Thompson and Noah, Perry determined that Thompson had mental problems and that the family was in need of help. Perry referred the family to Child Welfare Services. She then closed the file on the matter. In May 2014, Thompson severely beat Noah, causing to Noah’s head, face and body. Noah’s mother, Laurell Reed, acting as her son’s guardian ad litem, sued Perry’s employers, the county of San Bernardino and the County of San Bernardino Children and Family Services. Ms. Reed alleged that Perry was negligent in the performance of her duties as required by her profession and that the county and the County of San Bernardino Children and Family Services we’re liable for Perry’s actions. It was ultimately determined that the County of San Bernardino Children and Family Services was the correct defendant, and the county was dismissed from the case. Plaintiff’s counsel contended that Perry identified that Noah was at risk for injury, given the evidence and dynamics in the home, but failed to do anything about it. Counsel argued that, pursuant to mandatory duties, Perry was required to open a “case plan” once she identified a risk and refer the matter to Child Welfare Services, but that, instead, Perry essentially did nothing and closed the file. Plaintiff’s counsel argued that by closing the investigation without creating a case plan, Perry failed to perform a mandatory duty. Defense counsel argued that the social worker did not find a risk of abuse and that there is no mandatory duty to open a case plan in those circumstances. Counsel contended that the County of San Bernardino Children and Family Services followed all of its mandatory duties and that it was immune from liability. Defense counsel argued that the County of San Bernardino Children and Family Services was constitutionally prohibited from opening a case plan., Noah sustained blunt force trauma to his head, face and body, resulting in an ocular nerve injury and permanent brain damage to the entire left side of his brain. He was airlifted from his father’s home in Yucca Valley to Loma Linda University Medical Center, where he was hospitalized for 4.5 months. During that time, he remained comatose for several months. As a result of the trauma to his head, Noah suffers permanent, severe cognitive dysfunction; spastic quadriplegia; and bowel dysfunction. Noah, now 10 years old, attends a specialized school in New York for persons with severe disabilities. He lives with his biological mother, but he will require around-the-clock care in the future. Plaintiff’s counsel contended that Noah will never be employed, will never drive a car and will never fully recover. Noah’s mother sought recovery for Noah’s past and future medical expenses, Noah’s future loss of earning capacity, and damages for Noah’s past and future pain and suffering. Defense counsel argued that the Noah sustained were not caused by any fault of the county, but, rather, were solely caused by Thompson and Mr. Reed.