Zepeda v. City of Los Angeles

In Zepeda v. City of Los Angeles (1990) 223 Cal. App. 3d 232, the court held there was no liability for paramedics who refused to treat a shooting victim until the police arrived. Zepeda discussed both general and special duty: "As a general rule, one has no duty to come to the aid of another. A person who has not created a peril is not liable in tort merely for failure to take affirmative steps to assist or protect another unless there is some special relationship between them which gives rise to a duty to act. Other than cases involving landowners and their invitees, those cases finding the existence of a special relationship most frequently involve some act or omission on the part of the defendant that either created a risk or increased an existing risk to a known person. " (Zepeda v. City of Los Angeles, supra, 223 Cal. App. 3d at page 235.) The Zepeda court reasoned: "The City's paramedics had no general duty to render aid to plaintiffs' decedent. Based upon the allegations of the complaint, the emergency personnel involved did not create the peril to decedent, they did not voluntarily assume a special duty to assist him, they made no promise or statement to induce reliance, nor did they increase the risk to him that otherwise would have existed. Said another way, the paramedics could not negligently perform an act they had not undertaken to perform, and to that extent plaintiffs' pleading is defective on its face." (Zepeda v. City of Los Angeles, supra, 223 Cal. App. 3d at page 236.) In Zepeda, plaintiffs tried to assert "section 1799.107 imposes a mandatory duty upon emergency rescue personnel to render assistance whenever summoned." The court rejected this interpretation: ". . . We think it obvious that the statute does not impose a general duty upon emergency personnel to provide assistance whenever and wherever summoned. Subdivision (b) merely defines the level of negligence that will result in the imposition of liability once assistance is rendered. " (Zepeda v. City of Los Angeles, supra, 223 Cal. App. 3d at page 237.)