Quigley v. Garden Valley Fire Protection Dist.

*802 The Government Claims Act ( Gov. Code, § 810 et seq. ) authorizes plaintiffs to bring certain tort claims against public entities, while also immunizing public entities from liability in particular circumstances. One of the act's immunity provisions bars any statutory liability that might otherwise exist for injuries resulting from the condition of firefighting equipment or facilities. ( Id. , § 850.4.) The question presented is whether this immunity provision constitutes an affirmative defense that may be forfeited if not timely raised or instead serves as a limitation on the fundamental…