Three foster children sexually abused, private foster agency blamed. $24.8M. Sonoma County.
Summary
A Santa Rosa-based private foster agency is accused of negligence in its placement and supervision of three young foster children.
The Case
- Case Name: C.F. v. Mark Zapata Martinez, Alternative Family Services, Inc.
- Court and Case Number: Sonoma County Superior Court / SCV264540
- Date of Verdict or Judgment: Friday, December 01, 2023
- Date Action was Filed: Friday, May 31, 2019
- Type of Case: Civil Rights, Sexual Abuse
- Judge or Arbitrator(s): Hon. Patrick M. Broderick
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Plaintiffs: C.F., E.F., S.F., minor children
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Defendants: Mark Zapata Martinez, Alternative Family Services, Inc.
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $24,800,000
- Contributory/Comparative Negligence: 60% to Alternative Family Services, Inc.; 35% to defendant Martinez; 5% to defendant Martinez's wife.
- Trial or Arbitration Time: 2 months
The Attorneys
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Attorney for the Plaintiff:
Abbey, Weitzenberg, Warren & Emery PC by Scott R. Montgomery, Natasha Berg-Abbey and Kaitlyn Wright-Abbey, Santa Rosa.
The Law Office of Johann Hall by Johann Hall, Santa Rosa.
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Attorney for the Defendant:
Friedenthal, Heffernan & Brown, LLP by Daniel Friedenthal and Michael Rix, Pasadena.
The Experts
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Plaintiff’s Medical Expert(s):
Lynn Ponton, M.D., child psychiatry.
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Defendant's Medical Expert(s):
Harvey Lerchin, M.D., psychiatry.
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Plaintiff's Technical Expert(s):
Sylvia Pizzini, standard of care for foster agencies.
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Defendant's Technical Expert(s):
Nicol Stolar-Peterson, standard of care for foster agencies.
Facts and Background
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Facts and Background:
Defendant Mark Zapata Martinez and his wife Martha had been foster parents in the past, but had recently begun foster-parenting again in 2018 when the three minor plaintiffs, two girls and a boy all under the age of 8, were placed in their home. The children had been with the foster family for about 70 days when they reported sexual abuse by the foster father during a supervised visit with someone in their birth family.
The abuser, Mark Martinez, was convicted and is serving a life sentence in prison for his crimes.
The plaintiffs filed a civil lawsuit, alleging negligence by Alternative Family Services, Inc. in approving and supervising the foster home.
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Plaintiff's Contentions:
Plaintiffs presented evidence that revealed significant violations by Alternative Family Services, Inc. of California Department of Social Services (CDSS) regulations and the standard of care. These violations included significant inconsistencies and issues in the approval process, such as the improper use of screening tools and incomplete information in the home study. The company also placed English-speaking children in a Spanish-speaking foster home despite clear warnings from the foster mother about her inability to provide adequate care. Alternative Family Services, Inc. also failed to conduct unannounced visits to the home and neglected to document conversations with the foster father, who turned out to be the sexual abuser.
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Defendant's Contentions:
Defendant Alternative Family Services, Inc. denied all claims and asked for a defense verdict.