Defendant city government is immune from liability for accidents caused by police vehicular pursuits if it has promulgated a suitable written pursuit policy and requires annual training and certification by all officers that they have received, read, and understood the policy, even if not all the officers actually sign the required certifications. Under Vehicle Code 17004.7, a governmental entity is entitled to immunity from liability for accidents caused by vehicular pursuits by law enforcement officers so long as the governmental entity has promulgated a suitable written vehicle pursuit policy and requires annual training and annual certification by all law enforcement officers in the jurisdiction that they have received, read, and understood the policy. Disagreeing with Morgan v. Beaumont Police Dept. (2016) 246 Cal.App.4th 144, this decision holds that the entity is entitled to immunity if its policy requires all officers to certify their understanding. It is not necessary for the entity to show that 100% of its officers actually signed the required certifications.
California Court of Appeal, Second District, Division 1 (Lui, J.); August 23, 2017; 2017 WL 3614195