Legal Opinion

Weiner v. City of San Diego

California Court of Appeal

Decided May 2, 1991No. D012274PublishedCited by 11 opinions

1Opinion of the Court

Opinion

HUFFMAN, Acting P. J.

On this appeal, we determine the trial court properly sustained without leave to amend the City of San Diego’s (City) demurrer to Scott Weiner’s complaint on the basis of public entity immunity under Vehicle Code 1 section 17004.7. Weiner’s complaint had sought damages for his injuries received when the car he was driving was hit by a car driven by a fleeing criminal suspect during a high-speed police chase.

Weiner contends section 17004.7 has been repealed and such repeal should be given retrospective effect so as to apply to his case. He alternatively argues the…

2Cases cited6 opinions

  1. Mann v. CracchioloCalifornia Supreme Court · 1985
  2. E. L. White, Inc. v. City of Huntington BeachCalifornia Supreme Court · 1978
  3. King v. Larsen Realty, Inc.California Court of Appeal · 1981
  4. Hooper v. City of Chula VistaCalifornia Court of Appeal · 1989
  5. Kishida v. State of CaliforniaCalifornia Court of Appeal · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Payne v. City of PerrisCalifornia Court of Appeal · 1993
  2. Weaver v. State of CaliforniaCalifornia Court of Appeal · 1998
  3. Berman v. City of Daly CityCalifornia Court of Appeal · 1993
  4. Billester v. City of CoronaCalifornia Court of Appeal · 1994
  5. Alcala v. CITY OF CORCORANCalifornia Court of Appeal · 2007

6 more not listed; retrieve them via the Exa API.

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