Morris v. County of Marin

CLARK, J., Concurring.

Although Government Code section 815.61 by its terms would establish liability for violation of a mandatoiy duty,2 the liability imposed is subject to immunity provisions. Section 818.4 immunizes public entities from liability for injury caused by erroneous issuance of permits. The language of section 818.4, the legislative committee comment to the section, the purpose of the immunity as set forth in the California Law Revision Commission report, and the history of the Tort Claims Act of 1963 establish that the immunity applies to erroneous issuance of building permits…