#deadwitness | #pgewitness | Accenture | Anthrax | World Trade Bombings | Explosions | Oracle Corporation | #deadattorney | #deadCEOs | #murder

ARTICLE 2. Liability of Public Entities [815 - 818.9]


TITLE 1. GENERAL [100 - 7914]

  ( Title 1 enacted by Stats. 1943, Ch. 134. )


  ( Division 3.6 added by Stats. 1963, Ch. 1681. )


  ( Part 2 added by Stats. 1963, Ch. 1681. )

CHAPTER 1. General Provisions Relating to Liability [814 - 827]

  ( Chapter 1 added by Stats. 1963, Ch. 1681. )

ARTICLE 2. Liability of Public Entities [815 - 818.9]

  ( Article 2 added by Stats. 1963, Ch. 1681. )


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.
(Added by Stats. 1963, Ch. 1681.)


(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.
(Added by Stats. 1963, Ch. 1681.)


(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.
(Added by Stats. 1994, Ch. 796, Sec. 1. Effective January 1, 1995.)


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.
(Added by Stats. 1963, Ch. 1681.)


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.
(Added by Stats. 1963, Ch. 1681.)


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.
(Added by Stats. 1982, Ch. 616, Sec. 1.)


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.
(Added by Stats. 1963, Ch. 1681.)


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.
(Added by Stats. 1963, Ch. 1681.)


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.
(Added by Stats. 1963, Ch. 1681.)


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.
(Added by Stats. 1985, Ch. 437, Sec. 2.)


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.
(Added by Stats. 1963, Ch. 1681.)


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.
(Amended by Stats. 1984, Ch. 1635, Sec. 40.)


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.
(Added by Stats. 1963, Ch. 1681.)


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).
(Amended by Stats. 2002, Ch. 806, Sec. 24. Effective January 1, 2003.)


No comments:


Blog Archive

Ad Home

Follow Us

No one has ever become poor by giving, Please Donate

Flickr Images


Powered by Blogger.


Search This Blog

Find Us On Facebook

Random Posts

Recent Posts

Header Ads



Blog Archive


... ..a ..Temp ..wc #anthrax #bacteria #campfire #ContraCostaMurders #deadattorneys #deadbanker #deadceo #deadmormons #DeadRealtors #deadstudents #deadwitness #meningitis #UCSystem #WalnutCreekMurders 2010 48 Hours 5150 9/11 9/11 Connector 9/11 Investigation 9/11 Truth ABC Abuse of Authority under Color of Law Acalanes High School Accel-KKR Accenture Accident Analysis Accidents Accord Group Holdings Active Shooter Events Active Shooters Adam Schiff Admission Scandal AE911 AEG AEG Facilities AFL-CIO Africa Air Disasters Airbnb Airbnb Mansion Party Airbus Group Airport Security Guard Murders Alameda County Sheriff's Office Alamo Alamo 1st Ward Alamo 2nd Ward Albert D Seeno Albert Seeno Jr Albertsons Alex Fagan Alfred J.R. Villalobos Alliant Insurance Services Alliant Insurance Services Inc Alston-Bird Amazon Americas Ameritech Amtrak Accidents Amtrak Media Amtrak Police Andrew Breitbart Anna Roth Anschutz Entertainment Group Anthrax Antitrust Antitrust Division Antivirus Terrorism ANTRAX Apollo Global Management Apollo Management Apple Computer Apple Fraud Ariel Investments Ariel Investments LLC Arson Arson Murder Arson Network Arson Tracker Arthur Frederick Goode III Asia Asset Forfeiture Asset Managers AT&T AT&T 7 T-Mobile Merger AT&T and 9/11 AT&T Antitrust AT&T Board of Directors AT&T Data Breach AT&T Fiber Optics ATF Athenian School Atlanta Attempted Murder attorney Attorney General Becerra Attorney General of New York Attorney James Greenan Attorney Licensee Profile Attorney Rick Kopf Attorneys Australia Automatic Data Processing Avia Aviation Aviation Accidents Aviation Accidents and Incidents Portal B of A Bacteria Bacterial Bacterial Warfare Bain Capital BakerHostelter Bank of America Banking BANTA Bar-K Bar-K Investors Barcelona Terror Attack Barista Barry Seal BART Base Realignment and Closure Base Realignment and Closure Commission Base Realignment and Conversion Bay Alarm Bay Area Bay Area Council Bay Area Homeless Bay Area News Group Bay Area Politicians Bay Meadows Park Bay of Pigs Bayareahomeless.com bayareanewsgroup.com Bechtel Bechtel Corporation Bechtel Group Belasco Theatre Company Ben Curry Benchmark Financial Services Inc Benne Bennett 9/11 Incidents Bennett and Alicia Driscoll Bennett and Johnson Bennett and Kinder Morgan Bennett and PG&E Bennett CIA Connections Bennett Claims Bennett Customer Bennett FBI Connections Bennett Incidents Bennett Johnson Bennett Litigation Bennett Losses Bennett Relatives Bennett v. Collins Bennett v. Fang Bennett v. PG&E Bennett v. SBC Global Bennett v. Southern Pacific BENNETT VS SBC SERVICES INC Bennett vsSouthernPacific.com Bennett Witness Benny Chetcuti Jr. Berkshire Hathaway Bickmore Risk Services Big Law Big O Tires Big Tech Bill & Melinda Gates Foundation Bill and Melinda Gates Foundation Bill Graham Bill Johnson Bill McGlashan Bill Tauscher Bin Laden Family Bio-Warfare Biological Warfare Blackhawk Country Club Blackhawk Development Blackhawk Network Holdings Blackhawk Network Holdings Inc Blackrock Blackstone Group BlakeHunt Blame Pete Bennett Blogger Labels Blogger Logic Blogger Meta Tags Blogger Open Graph Blogger Posts Blogger Programming Blogger Themes Bloomberg BlueMountain Capital Management LLC Blum Capital Blum Capital Partners BNSF Board of Directors Board of Supervisors Boeing Bomb Squad Bono bootstrap Booz Allen Hamilton Boy Scouts BRAC BRAC Closure List BRACMurders Breitbart Breitbart Author Brian Cherry Bribery BrightSource Energy Broadway Pointe LLC Brown Act Buchanan Field Buchanan Field Crashes Buchanan Murders Building 7 Building Inspections Burglary BURLINGTON NORTHERN SANTA FE CORPORATION Bus Accidents Business Business Roundtable Butte County Butte County District Attorney BYU CA-Berkeley CA-San Bernardino County CA-Santa Clara CA-Walnut Creek CalBay CalDOJ Calera Capital CalFir CalFire California Cities California Counties California Department of Elections California Department of Finance California Department of Justice California District Attorneys Association California Highway Patrol Special Operations Unit California Judicial Branch California Penal Code 118.1 California Public Employees' Retirement System California Secretary of State California Senate Legislative Homeless Activities California State Senate CalOHSA CalPERS CalSTRS CalTrans Camp Fire Canada Cancer Cape Coral Captain Neil Stratton Car Bomb CategoryIII Catellus Catellus Development Corporation CB Richard Ellis CBRE CBS 48 Hours CBS News CCCRMC CCSO Cecilia Greenan Ashcroft Centerview Capital Central Intelligence Agency Central Offices Cerberus Capital CHAPTER 4.5. Peace Officers Charles Kellogg Bobrinskoy Chase Manhattan Bank Cheesecake Factory Chevron Technology Ventures Chicago Chief Alldritt Chief Brian Addington. Pittsburg Police Department Chief Chris Wenzel Chief Christensen Chief Eric Christensen Child Support China China Ukraine Chinatown Chiquita Blvd CHP CHP Golden Gate CHP Investigations CHP Threat Assessment Unit Chris Butler Chris Wenzel Christopher Bultler CIA CIAI CIO Cisco Systems Inc City Attorneys City Concord City Council of Concord City Council of Walnut Creek City of Antioch City of Benicia City of Berkeley City of Cape Coral City of Castro Valley City of Clayton City of Concord City of Dublin City of El Cerrito City of Lafayette City of Las Vegas City of Martinez City of Oakland City of Orinda City of Orlando City of Palo Alto City of Pittsburg City of Pleasant Hill City of Pleasanton City of Richmond City of Roseville City of San Bruno City of San Francisco City of San Jose City of San Ramon City of Walnut Creek City Walnut Creek Civic Park Civil Rights Violations Claimant Class Action Class of 75 Claycord Clayton Valley High School Clients Projects Connections Clint Eull Clinton Clinton Associates Clinton Foundation Clinton Murders Clinton Presidency - Related Club Locations Club Scene CNET CNET CASES CNET Conspirators CNET Overview CNET SCANDAL CNET Scandal Cases. CNET Scandal Victims and Connections CNET-Tanabe CNN CNWS Coachella Valley Music and Arts Festival Cognizant Technology Solutions Corporation Cold Case Cold Case County Cold Cases Cold Cases Index College Admissions and Testing Bribery Scheme college admissions bribery scandal College Admissions Fraud Investigation Colony Global Acquisition Corporation Coming Soon Commerce One Commercial Real Estate Company Company Profiles Compass ComputerLand Computerland Corporate ComputerWorld Conclusions Concord Concord Murders Concord Naval Weapons Concord Naval Weapons Station Concord Police ConFire Congress Congressman DeSaulnier Congressman Mark DeSaulnier Connecting the Unions Conservationist Consolidated Fire Consulting Firms Contr Contra City of Walnut Creek Contra Cost Contra Costa Contra Costa Arson Network Contra Costa Bar Contra Costa Bar Assoc. contra Costa Bar Association Contra Costa Board of Realtors Contra Costa Board of Supervisors Contra Costa Cases Contra Costa College District Contra Costa Costa County Contra Costa County Contra Costa County Administrator Contra Costa County Board of Supervisors CONTRA COSTA COUNTY CITY ATTORNEYS ASSOCIATION Contra Costa County Indictments Contra Costa County Regional Medical Center Contra Costa County Sheriff Contra Costa County Sheriff's Office Contra Costa Department of Elections Contra Costa District Attorney Contra Costa District Attorney Mark Peterson Contra Costa Family Law Contra Costa Fire Protection District Contra Costa Grand Jury Contra Costa Hate Crimes Network Contra Costa Health Services Contra Costa Homeless Crisis Contra Costa Marine Patrol Contra Costa Murders Contra Costa Narcotics Enforcement Taskforce Contra Costa Narcotics Taskforce (CNET) Contra Costa Probate Court Contra Costa Public Library Contra Costa Republican Party Contra Costa School Districts Contra Costa Search and Rescue Contra Costa Sheriff's Office Contra Costa Sheriffs Office Contra Costa Software Business Incubator Contra Costa Superior Contra Costa Superior Court Contra Costa Times Contra Costa Watch ContraCostaBarAssociation.com ContraCostawatch.com Conviction Core Coroner Corporate Raiders Corporations corruption Cosmo Costa Bar Association Council Meetings County Contra Costa County Counsel County of Butte County of Contra Costa County of Marin County of San Mateo County of Santa Clara County of Solano County of Sonoma Court Cases courts.ca.gov CPU CPUC Crime Maps Criminal Cops crisis actors Crogans Bar Crunchbase CSAC-EIA Loss Prevention Services CSO Cuba Cup of Coffee Custom Custom Search CVS Drugs CVS Health Cyber-terrorism Cyberterrorism Czechia Dan Helix Dan Rather Dan Van Voorhis Dan White Daniel Horowitz Danville Danville Murders Danville Police Danville Stake Data Breach David Leslie Milne David Rockefeller Jr. David Twa David Wyatt Dorman DEA Dead Dead Witness Dead Activists Dead Attorneys Dead Bankers Dead Bouncer Dead CEO's dead ceos Dead Constituents Dead Customers of Pete Bennett Dead Doctors Dead Employees Dead Homeless Dead Investors Dead Lakers Dead Lists Dead Litigants dead mormons Dead Musicians Dead Officers Dead Officials Dead Pilots Dead Politicians Dead Programmers Dead Public Officials Dead Realtors Dead Reporters Dead Soldiers Dead Student List Dead Students Dead Teachers Dead Tech ~ Programmers and Developers Dead Veterans Dead Witness Dead Witness Club Dead Witnesses Dead Witnesses Danville Stake Deadly Arson Fires by State Deadly REITs DeadWitness Deadwitness.com deadwitnesses Dean Witter Reynolds Deaths in Tech Delta Air Lines Delta Pacific Bank Department of Blum Connections Department of Defense Department of Justice Department of State Department of the Treasury Deputy Attorney General James M. Cole Deutsche Telekom AG Development Devils Breath DHS DHS Voice Diablo Magazine Dialysis Revenue Enhancement Dick Cheney Disability Discrimination Disbarred Attorneys Discovery Homes Discovery Sales Discrimination Examples dishonesty Division of Corporation Finance Divorce Divorce Case Index Divorce Enforcers DLA DoD DOJ Domestic Domestic Terrorism Don Tatzin Donald Rumsfeld Donald Trump donations DPD Dragon Global Driscoll Driscoll Murders Drownings Drugging DU Rounds East Bay East Bay Homicides East Bay Murder Series EAST BAY REGIONAL PARK DISTRICT East Bay Regional Park Police EBAY EBMUD Edgewell Personal Care Edward Siedle EEOC El Cerrito Police Department El Dorado County Election Fraud Electric Grid Electronic Warfare Elektion Fraud Elevation Partners Ellen O. Tauscher Ellinwood Farms