State Codes and Statutes

Statutes > California > Gov > 815-818.9

GOVERNMENT CODE
SECTION 815-818.9



815.  Except as otherwise provided by statute:
   (a) A public entity is not liable for an injury, whether such
injury arises out of an act or omission of the public entity or a
public employee or any other person.
   (b) The liability of a public entity established by this part
(commencing with Section 814) is subject to any immunity of the
public entity provided by statute, including this part, and is
subject to any defenses that would be available to the public entity
if it were a private person.



815.2.  (a) A public entity is liable for injury proximately caused
by an act or omission of an employee of the public entity within the
scope of his employment if the act or omission would, apart from this
section, have given rise to a cause of action against that employee
or his personal representative.
   (b) Except as otherwise provided by statute, a public entity is
not liable for an injury resulting from an act or omission of an
employee of the public entity where the employee is immune from
liability.



815.3.  (a) Notwithstanding any other provision of this part, unless
the elected official and the public entity are named as codefendants
in the same action, a public entity is not liable to a plaintiff
under this part for any act or omission of an elected official
employed by or otherwise representing that public entity, which act
or omission constitutes an intentional tort, including, but not
limited to, harassment, sexual battery, and intentional infliction of
emotional distress. For purposes of this section, harassment in
violation of state or federal law constitutes an intentional tort, to
the extent permitted by federal law. This section shall not apply to
defamation.
   (b) If the elected official is held liable for an intentional tort
other than defamation in such an action, the trier of fact in
reaching the verdict shall determine if the act or omission
constituting the intentional tort arose from and was directly related
to the elected official's performance of his or her official duties.
If the trier of fact determines that the act or omission arose from
and was directly related to the elected official's performance of his
or her official duties, the public entity shall be liable for the
judgment as provided by law. For the purpose of this subdivision,
employee managerial functions shall be deemed to arise from, and to
directly relate to, the elected official's official duties. However,
acts or omissions constituting sexual harassment shall not be deemed
to arise from, and to directly relate to, the elected official's
official duties.
   (c) If the trier of fact determines that the elected official's
act or omission did not arise from and was not directly related to
the elected official's performance of his or her official duties,
upon a final judgment, including any appeal, the plaintiff shall
first seek recovery of the judgment against the assets of the elected
official. If the court determines that the elected official's assets
are insufficient to satisfy the total judgment, including plaintiff'
s costs as provided by law, the court shall determine the amount of
the deficiency and the plaintiff may seek to collect that remainder
of the judgment from the public entity. The public entity may pay
that deficiency if the public entity is otherwise authorized by law
to pay that judgment.
   (d) To the extent the public entity pays any portion of the
judgment against the elected official pursuant to subdivision (c) or
has expended defense costs in an action in which the trier of fact
determines the elected official's action did not arise from and did
not directly relate to his or her performance of official duties, the
public entity shall pursue all available creditor's remedies against
the elected official in indemnification, including garnishment,
until the elected official has fully reimbursed the public entity.
   (e) If the public entity elects to appeal the judgment in an
action brought pursuant to this section, the entity shall continue to
provide a defense for the official until the case is finally
adjudicated, as provided by law.
   (f) It is the intent of the Legislature that elected officials
assume full fiscal responsibility for their conduct which constitutes
an intentional tort not directly related to their official duties
committed for which the public entity they represent may also be
liable, while maintaining fair compensation for those persons injured
by such conduct.
   (g) This section shall not apply to a criminal or civil
enforcement action brought on behalf of the state by an elected
district attorney, city attorney, or Attorney General.
   (h) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of the section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.



815.4.  A public entity is liable for injury proximately caused by a
tortious act or omission of an independent contractor of the public
entity to the same extent that the public entity would be subject to
such liability if it were a private person. Nothing in this section
subjects a public entity to liability for the act or omission of an
independent contractor if the public entity would not have been
liable for the injury had the act or omission been that of an
employee of the public entity.



815.6.  Where a public entity is under a mandatory duty imposed by
an enactment that is designed to protect against the risk of a
particular kind of injury, the public entity is liable for an injury
of that kind proximately caused by its failure to discharge the duty
unless the public entity establishes that it exercised reasonable
diligence to discharge the duty.



816.  A public entity is not liable for injury arising out of any
activity conducted by a member of the California National Guard
pursuant to Section 316, 502, 503, 504, or 505 of Title 32 of the
United States Code and compensated pursuant to the Federal Tort
Claims Act.
   It is the intent of the Legislature, in enacting this section, to
conform state law regarding liability for activities of the National
Guard to federal law as expressed in Public Law 97-124.



818.  Notwithstanding any other provision of law, a public entity is
not liable for damages awarded under Section 3294 of the Civil Code
or other damages imposed primarily for the sake of example and by way
of punishing the defendant.


818.2.  A public entity is not liable for an injury caused by
adopting or failing to adopt an enactment or by failing to enforce
any law.


818.4.  A public entity is not liable for an injury caused by the
issuance, denial, suspension or revocation of, or by the failure or
refusal to issue, deny, suspend or revoke, any permit, license,
certificate, approval, order, or similar authorization where the
public entity or an employee of the public entity is authorized by
enactment to determine whether or not such authorization should be
issued, denied, suspended or revoked.



818.5.  The Department of Motor Vehicles is liable for any injury to
a lienholder or good faith purchaser of a vehicle proximately caused
by the department's negligent omission of the lienholder's name from
an ownership certificate issued by the department. The liability of
the department under this section shall not exceed the actual cash
value of the vehicle.



818.6.  A public entity is not liable for injury caused by its
failure to make an inspection, or by reason of making an inadequate
or negligent inspection, of any property, other than its property (as
defined in subdivision (c) of Section 830), for the purpose of
determining whether the property complies with or violates any
enactment or contains or constitutes a hazard to health or safety.



818.7.  No board, commission, or any public officer or employee of
the state or of any district, county, city and county, or city is
liable for any damage or injury to any person resulting from the
publication of any reports, records, prints, or photographs of or
concerning any person convicted of violation of any law relating to
the use, sale, or possession of controlled substances, when such
publication is to school authorities for use in instruction on the
subject of controlled substances or to any person when used for the
purpose of general education. However, the name of any person
concerning whom any such reports, records, prints, or photographs are
used shall be kept confidential and every reasonable effort shall be
made to maintain as confidential any information which may tend to
identify such person.



818.8.  A public entity is not liable for an injury caused by
misrepresentation by an employee of the public entity, whether or not
such misrepresentation be negligent or intentional.



818.9.  A court or county, its employees, independent contractors,
and volunteers shall not be liable because of any advice provided to
small claims court litigants or potential litigants as a public
service on behalf of the court or county pursuant to the Small Claims
Act (Chapter 5.5 (commencing with Section 116.110) of Title 1 of
Part 1 of the Code of Civil Procedure).


State Codes and Statutes

Statutes > California > Gov > 815-818.9

GOVERNMENT CODE
SECTION 815-818.9



815.  Except as otherwise provided by statute:
   (a) A public entity is not liable for an injury, whether such
injury arises out of an act or omission of the public entity or a
public employee or any other person.
   (b) The liability of a public entity established by this part
(commencing with Section 814) is subject to any immunity of the
public entity provided by statute, including this part, and is
subject to any defenses that would be available to the public entity
if it were a private person.



815.2.  (a) A public entity is liable for injury proximately caused
by an act or omission of an employee of the public entity within the
scope of his employment if the act or omission would, apart from this
section, have given rise to a cause of action against that employee
or his personal representative.
   (b) Except as otherwise provided by statute, a public entity is
not liable for an injury resulting from an act or omission of an
employee of the public entity where the employee is immune from
liability.



815.3.  (a) Notwithstanding any other provision of this part, unless
the elected official and the public entity are named as codefendants
in the same action, a public entity is not liable to a plaintiff
under this part for any act or omission of an elected official
employed by or otherwise representing that public entity, which act
or omission constitutes an intentional tort, including, but not
limited to, harassment, sexual battery, and intentional infliction of
emotional distress. For purposes of this section, harassment in
violation of state or federal law constitutes an intentional tort, to
the extent permitted by federal law. This section shall not apply to
defamation.
   (b) If the elected official is held liable for an intentional tort
other than defamation in such an action, the trier of fact in
reaching the verdict shall determine if the act or omission
constituting the intentional tort arose from and was directly related
to the elected official's performance of his or her official duties.
If the trier of fact determines that the act or omission arose from
and was directly related to the elected official's performance of his
or her official duties, the public entity shall be liable for the
judgment as provided by law. For the purpose of this subdivision,
employee managerial functions shall be deemed to arise from, and to
directly relate to, the elected official's official duties. However,
acts or omissions constituting sexual harassment shall not be deemed
to arise from, and to directly relate to, the elected official's
official duties.
   (c) If the trier of fact determines that the elected official's
act or omission did not arise from and was not directly related to
the elected official's performance of his or her official duties,
upon a final judgment, including any appeal, the plaintiff shall
first seek recovery of the judgment against the assets of the elected
official. If the court determines that the elected official's assets
are insufficient to satisfy the total judgment, including plaintiff'
s costs as provided by law, the court shall determine the amount of
the deficiency and the plaintiff may seek to collect that remainder
of the judgment from the public entity. The public entity may pay
that deficiency if the public entity is otherwise authorized by law
to pay that judgment.
   (d) To the extent the public entity pays any portion of the
judgment against the elected official pursuant to subdivision (c) or
has expended defense costs in an action in which the trier of fact
determines the elected official's action did not arise from and did
not directly relate to his or her performance of official duties, the
public entity shall pursue all available creditor's remedies against
the elected official in indemnification, including garnishment,
until the elected official has fully reimbursed the public entity.
   (e) If the public entity elects to appeal the judgment in an
action brought pursuant to this section, the entity shall continue to
provide a defense for the official until the case is finally
adjudicated, as provided by law.
   (f) It is the intent of the Legislature that elected officials
assume full fiscal responsibility for their conduct which constitutes
an intentional tort not directly related to their official duties
committed for which the public entity they represent may also be
liable, while maintaining fair compensation for those persons injured
by such conduct.
   (g) This section shall not apply to a criminal or civil
enforcement action brought on behalf of the state by an elected
district attorney, city attorney, or Attorney General.
   (h) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of the section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.



815.4.  A public entity is liable for injury proximately caused by a
tortious act or omission of an independent contractor of the public
entity to the same extent that the public entity would be subject to
such liability if it were a private person. Nothing in this section
subjects a public entity to liability for the act or omission of an
independent contractor if the public entity would not have been
liable for the injury had the act or omission been that of an
employee of the public entity.



815.6.  Where a public entity is under a mandatory duty imposed by
an enactment that is designed to protect against the risk of a
particular kind of injury, the public entity is liable for an injury
of that kind proximately caused by its failure to discharge the duty
unless the public entity establishes that it exercised reasonable
diligence to discharge the duty.



816.  A public entity is not liable for injury arising out of any
activity conducted by a member of the California National Guard
pursuant to Section 316, 502, 503, 504, or 505 of Title 32 of the
United States Code and compensated pursuant to the Federal Tort
Claims Act.
   It is the intent of the Legislature, in enacting this section, to
conform state law regarding liability for activities of the National
Guard to federal law as expressed in Public Law 97-124.



818.  Notwithstanding any other provision of law, a public entity is
not liable for damages awarded under Section 3294 of the Civil Code
or other damages imposed primarily for the sake of example and by way
of punishing the defendant.


818.2.  A public entity is not liable for an injury caused by
adopting or failing to adopt an enactment or by failing to enforce
any law.


818.4.  A public entity is not liable for an injury caused by the
issuance, denial, suspension or revocation of, or by the failure or
refusal to issue, deny, suspend or revoke, any permit, license,
certificate, approval, order, or similar authorization where the
public entity or an employee of the public entity is authorized by
enactment to determine whether or not such authorization should be
issued, denied, suspended or revoked.



818.5.  The Department of Motor Vehicles is liable for any injury to
a lienholder or good faith purchaser of a vehicle proximately caused
by the department's negligent omission of the lienholder's name from
an ownership certificate issued by the department. The liability of
the department under this section shall not exceed the actual cash
value of the vehicle.



818.6.  A public entity is not liable for injury caused by its
failure to make an inspection, or by reason of making an inadequate
or negligent inspection, of any property, other than its property (as
defined in subdivision (c) of Section 830), for the purpose of
determining whether the property complies with or violates any
enactment or contains or constitutes a hazard to health or safety.



818.7.  No board, commission, or any public officer or employee of
the state or of any district, county, city and county, or city is
liable for any damage or injury to any person resulting from the
publication of any reports, records, prints, or photographs of or
concerning any person convicted of violation of any law relating to
the use, sale, or possession of controlled substances, when such
publication is to school authorities for use in instruction on the
subject of controlled substances or to any person when used for the
purpose of general education. However, the name of any person
concerning whom any such reports, records, prints, or photographs are
used shall be kept confidential and every reasonable effort shall be
made to maintain as confidential any information which may tend to
identify such person.



818.8.  A public entity is not liable for an injury caused by
misrepresentation by an employee of the public entity, whether or not
such misrepresentation be negligent or intentional.



818.9.  A court or county, its employees, independent contractors,
and volunteers shall not be liable because of any advice provided to
small claims court litigants or potential litigants as a public
service on behalf of the court or county pursuant to the Small Claims
Act (Chapter 5.5 (commencing with Section 116.110) of Title 1 of
Part 1 of the Code of Civil Procedure).



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 815-818.9

GOVERNMENT CODE
SECTION 815-818.9



815.  Except as otherwise provided by statute:
   (a) A public entity is not liable for an injury, whether such
injury arises out of an act or omission of the public entity or a
public employee or any other person.
   (b) The liability of a public entity established by this part
(commencing with Section 814) is subject to any immunity of the
public entity provided by statute, including this part, and is
subject to any defenses that would be available to the public entity
if it were a private person.



815.2.  (a) A public entity is liable for injury proximately caused
by an act or omission of an employee of the public entity within the
scope of his employment if the act or omission would, apart from this
section, have given rise to a cause of action against that employee
or his personal representative.
   (b) Except as otherwise provided by statute, a public entity is
not liable for an injury resulting from an act or omission of an
employee of the public entity where the employee is immune from
liability.



815.3.  (a) Notwithstanding any other provision of this part, unless
the elected official and the public entity are named as codefendants
in the same action, a public entity is not liable to a plaintiff
under this part for any act or omission of an elected official
employed by or otherwise representing that public entity, which act
or omission constitutes an intentional tort, including, but not
limited to, harassment, sexual battery, and intentional infliction of
emotional distress. For purposes of this section, harassment in
violation of state or federal law constitutes an intentional tort, to
the extent permitted by federal law. This section shall not apply to
defamation.
   (b) If the elected official is held liable for an intentional tort
other than defamation in such an action, the trier of fact in
reaching the verdict shall determine if the act or omission
constituting the intentional tort arose from and was directly related
to the elected official's performance of his or her official duties.
If the trier of fact determines that the act or omission arose from
and was directly related to the elected official's performance of his
or her official duties, the public entity shall be liable for the
judgment as provided by law. For the purpose of this subdivision,
employee managerial functions shall be deemed to arise from, and to
directly relate to, the elected official's official duties. However,
acts or omissions constituting sexual harassment shall not be deemed
to arise from, and to directly relate to, the elected official's
official duties.
   (c) If the trier of fact determines that the elected official's
act or omission did not arise from and was not directly related to
the elected official's performance of his or her official duties,
upon a final judgment, including any appeal, the plaintiff shall
first seek recovery of the judgment against the assets of the elected
official. If the court determines that the elected official's assets
are insufficient to satisfy the total judgment, including plaintiff'
s costs as provided by law, the court shall determine the amount of
the deficiency and the plaintiff may seek to collect that remainder
of the judgment from the public entity. The public entity may pay
that deficiency if the public entity is otherwise authorized by law
to pay that judgment.
   (d) To the extent the public entity pays any portion of the
judgment against the elected official pursuant to subdivision (c) or
has expended defense costs in an action in which the trier of fact
determines the elected official's action did not arise from and did
not directly relate to his or her performance of official duties, the
public entity shall pursue all available creditor's remedies against
the elected official in indemnification, including garnishment,
until the elected official has fully reimbursed the public entity.
   (e) If the public entity elects to appeal the judgment in an
action brought pursuant to this section, the entity shall continue to
provide a defense for the official until the case is finally
adjudicated, as provided by law.
   (f) It is the intent of the Legislature that elected officials
assume full fiscal responsibility for their conduct which constitutes
an intentional tort not directly related to their official duties
committed for which the public entity they represent may also be
liable, while maintaining fair compensation for those persons injured
by such conduct.
   (g) This section shall not apply to a criminal or civil
enforcement action brought on behalf of the state by an elected
district attorney, city attorney, or Attorney General.
   (h) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of the section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.



815.4.  A public entity is liable for injury proximately caused by a
tortious act or omission of an independent contractor of the public
entity to the same extent that the public entity would be subject to
such liability if it were a private person. Nothing in this section
subjects a public entity to liability for the act or omission of an
independent contractor if the public entity would not have been
liable for the injury had the act or omission been that of an
employee of the public entity.



815.6.  Where a public entity is under a mandatory duty imposed by
an enactment that is designed to protect against the risk of a
particular kind of injury, the public entity is liable for an injury
of that kind proximately caused by its failure to discharge the duty
unless the public entity establishes that it exercised reasonable
diligence to discharge the duty.



816.  A public entity is not liable for injury arising out of any
activity conducted by a member of the California National Guard
pursuant to Section 316, 502, 503, 504, or 505 of Title 32 of the
United States Code and compensated pursuant to the Federal Tort
Claims Act.
   It is the intent of the Legislature, in enacting this section, to
conform state law regarding liability for activities of the National
Guard to federal law as expressed in Public Law 97-124.



818.  Notwithstanding any other provision of law, a public entity is
not liable for damages awarded under Section 3294 of the Civil Code
or other damages imposed primarily for the sake of example and by way
of punishing the defendant.


818.2.  A public entity is not liable for an injury caused by
adopting or failing to adopt an enactment or by failing to enforce
any law.


818.4.  A public entity is not liable for an injury caused by the
issuance, denial, suspension or revocation of, or by the failure or
refusal to issue, deny, suspend or revoke, any permit, license,
certificate, approval, order, or similar authorization where the
public entity or an employee of the public entity is authorized by
enactment to determine whether or not such authorization should be
issued, denied, suspended or revoked.



818.5.  The Department of Motor Vehicles is liable for any injury to
a lienholder or good faith purchaser of a vehicle proximately caused
by the department's negligent omission of the lienholder's name from
an ownership certificate issued by the department. The liability of
the department under this section shall not exceed the actual cash
value of the vehicle.



818.6.  A public entity is not liable for injury caused by its
failure to make an inspection, or by reason of making an inadequate
or negligent inspection, of any property, other than its property (as
defined in subdivision (c) of Section 830), for the purpose of
determining whether the property complies with or violates any
enactment or contains or constitutes a hazard to health or safety.



818.7.  No board, commission, or any public officer or employee of
the state or of any district, county, city and county, or city is
liable for any damage or injury to any person resulting from the
publication of any reports, records, prints, or photographs of or
concerning any person convicted of violation of any law relating to
the use, sale, or possession of controlled substances, when such
publication is to school authorities for use in instruction on the
subject of controlled substances or to any person when used for the
purpose of general education. However, the name of any person
concerning whom any such reports, records, prints, or photographs are
used shall be kept confidential and every reasonable effort shall be
made to maintain as confidential any information which may tend to
identify such person.



818.8.  A public entity is not liable for an injury caused by
misrepresentation by an employee of the public entity, whether or not
such misrepresentation be negligent or intentional.



818.9.  A court or county, its employees, independent contractors,
and volunteers shall not be liable because of any advice provided to
small claims court litigants or potential litigants as a public
service on behalf of the court or county pursuant to the Small Claims
Act (Chapter 5.5 (commencing with Section 116.110) of Title 1 of
Part 1 of the Code of Civil Procedure).