Genesis Mata's mother files legal claims against Kern County
Dec 26, 2025
Kern County faces powerful legal claims from the biological mother of Genesis Mata, the 8-year-old girl who was found beaten to death in a bathtub earlier this month.The mother alleges that Child Protective Services failed to pr
otect Genesis and her brother while they were in the care of their father. She claims this failure ultimately cost Genesis her life."I think the whole community feels a sense of collective guilt. That this one got by everybody. There were lots of opportunities to change the outcome in this case, and everybody missed it, and we all feel terrible about it," Hoyt Hart said.Hart, a lawyer out of San Diego, is representing Destiny De La Cruz, Genesis Mata's biological mother, who is alleging that the county failed to keep Genesis and her brother safe."Child protective services failed to meet their mandatory duties to keep tabs on Genesis and protect her from abuse. A lot of people don't know this, but Ray Mata was not the custodial parent. Destiny was the custodial parent. She had lawful custody of both children, but they had been basically absconded away, and despite her best efforts, she was unable to locate them," Hart said.Genesis Mata was the child who was found dead in a bathroom at La Quinta Inn on August 2. Police arrested Genesis' father Ray Mata Jr. and his girlfriend, Graciela Bustamante. The couple are charged with multiple serious felonies, including first-degree murder, torture, and multiple counts of child abuse and cruelty. Both have pleaded not guilty to all charges. The case brought a public outcry after details of the investigation were made public."8-year-old Genesis Mata should be here today and she is not. Let her name remind us that doing nothing is not an option," a member of the public said at a supervisors meeting two weeks after Genesis was found dead.Attorney Hart says they've filed three claims, one for Genesis' wrongful death, and two claims on behalf of Genesis Mata and her brother for pain and suffering caused by what Hart says is a failure to act by the county."They have to protect them, take them away if they're in danger. And it would appear from the age and the volume of wounds and injuries to both of the children that they had plenty of opportunity to do that and didn't do it," Hart said.I reached out to the county for comment on the three claims filed. Kern County Counsel Kendra Graham replied by email, saying the county does not comment on pending litigation or claims.Hart will also serve a lawsuit against La Quinta Inn and its parent owner, Wyndham Hotels and Resorts. Hart claims management at La Quinta had arranged with Mata to provide him a free room, and guests reportedly complained about hearing screaming coming from the room."When hotel guests complained about the screaming, he moved them to the back where they could be away from the other guests," Hart said. "Had he done something other than that, Genesis might've survived."The county has 45 days to respond to the claim. If it rejects it, then Hart says he will file a lawsuit against Kern County."This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy."Stay in Touch with Us Anytime, Anywhere: Download Our Free App for Apple and Android Sign Up for Our Daily E-mail Newsletter Like Us on Facebook Follow Us on Instagram Subscribe to Us on YouTube
...read more
read less