What is the test for a plaintiff to obtain the right to sue a public entity for negligence?

To qualify for the exception, a plaintiff must establish (1) the existence of an enactment that imposes a mandatory, not discretionary, duty on the public entity and (2) that the enactment is intended to protect against the particular kind of injury the plaintiff suffered. ( Haggis v. City of Los Angeles (2000) 22 Cal.4th 490, 498499, 93 Cal.Rptr.2d 327, 993 P.2d 983.) "Whether an enactment creates a mandatory duty is a question of law." ( Id. , at p. 499, 93 Cal.Rptr.2d 327, 993 P.2d 983.)

[223 Cal.App.4th 1090]