Freeny v. City of San Buenaventura

Opinion

HOFFSTADT, J.*

California’s Government Claims Act (Act; Gov. Code, § 810 et seq.) confers immunity from tort liability on public employees when they make “basic policy decisions” in a legislative capacity. (See Gov. Code, §§ 820.2, 821, 821.2.)1 We hold that public employees’ tort immunity for legislative decisionmaking applies even when that decisionmaking is also alleged to involve the making of misrepresentations motivated by “actual fraud, corruption or actual malice.” (§ 822.2.) For this reason and others, we affirm the dismissal of plaintiffs’ suit against a city and five city…