Ramirez v. City of Gardena

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…

County of San Mateo v. Superior Court

Although government entities are immunized from liability for injuries caused by the natural condition of any unimproved public property, a campground counts as an improvement; so child could sue county after he was injured by a  falling tree at a county-owned campsite.  Distinguishing Alana M. v. State of California (2016) 245 Cal.App.4th 1482, this case…

Toeppe v. City of San Diego

City could not claim sovereign immunity after plaintiff was injured by falling tree limb in a city park because the trail on which plaintiff had been walking had no causal connection to the injury.  In a suit by a pedestrian in a city park who was injured by a falling tree limb, the city could…

Garcia v. American Golf Corp.

Governmental immunity from liability for injuries on recreational trails does not shield a city from liability for injury from errant golf balls hit from an adjoining commercial golf course on city property. Gov. Code 831.4 grants governmental entities immunity from liability for injuries suffered on unpaved paths or trails.  Even if the paved Rose Bowl…

Julian v. Mission Community Hospital

Plaintiff, who was held involuntarily for 72 hours for a mental health evaluation, could not sue hospital and officers who had probable cause to detain her, due to their qualified immunity. The Laterman-Petris-Short Act did not grant implied rights of action for alleged violations of various sections of the act to a person involuntarily detained…

Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co.

A court must determine at the outset of a suit against a foreign sovereign whether the expropriation of property in violation of international law exception to the Foreign Sovereign Immunities Act applies; it is not sufficient to decide that the plaintiff makes a non-frivolous argument for its application. The Foreign Sovereign Immunities Act (28 USC…

Quigley v. Garden Valley Fire Protection Dist.

Under Government Code 850.4, a governmental entity was immune from liability for injuries the firefighter-plaintiff incurred when a truck ran over her while she was sleeping in a temporary firefighting base camp, as the injuries resulted from the condition of firefighting facilities.  Gov. Code 850.4 grants governmental entities immunity from injuries resulting from the condition…

S.H. v. United States

Plaintiff cannot sue the United States for negligent injuries suffered in a foreign country, and plaintiff suffered her injury in Spain when she was prematurely born with brain damage, not in the United States where she was later diagnosed with cerebral palsy.  Under the Federal Tort Claims Act, the United States does not waive its…

Pacific Gas & Electric Co. v. Superior Court

Because a county charged admission for entry into a campground located inside a county-owned park, and PG&E maintained a power line to the campground’s bathroom, PG&E could not claim immunity for injuries suffered by the public in connection with the bathroom—even though PG&E received no portion of the campground fee.  Civ. Code 846’s fourth paragraph…

J.M. v. Huntington Beach Union High School District

Although a governmental entity is legally required to grant a minor leave to file a late government claim, when it fails to do so, the minor must petition the superior court within a year or lose the right to sue.  The Government Claims Act sets forth procedures and requirements that must be satisfied before filing…

Finch Aerospace Corp. v. City of San Diego

The governmental immunity for misrepresentations does not bar a claim for business disparagement, but suit was properly dismissed anyway because the alleged slander did not specifically refer to the plaintiff’s product or business.  Gov. Code § 818.8 immunizes a government entity from liability for a misrepresentation by one of its employees.  The section immunizes a…

Leyva v. Crockett & Co., Inc.

Governmental immunity shielded the owner of the adjacent golf course, which had granted a trail easement to the government, from claims by a plaintiff who was injured by an errant golf ball while hiking on the trail.  Gov. Code 831.4 grants immunity from tort liability for injuries suffered on hiking trails to both the government…