The department filed a demurrer. It asserted that it was immune from liability under section 854.8(a)(2) of the Government Code.
The trial court overruled the department’s demurrer with regard to Doe’s first, third, fourth, and fifth claims. It allowed Doe to amend her second claim to bring it within the scope of the exception to section 854.8. The department took the case to the appellate court.
The California Court of Appeal for the First District granted the department’s petition. The appellate court directed the trial court to sustain the department’s demurrer, without allowing Doe to amend her claim. The department was immune from liability for Doe’s complaint under section 854.8(a)(2), the appellate court explained.
The trial court found that section 815.2 of the Government Claims Act established minimum personnel standards, which triggered the immunity exception under section 855 of the Government Code.
The appellate court rejected the trial court’s interpretation. The appellate court ruled that, if a public agency could be vicariously liable under section 815.2 whenever a mental institution’s employee injured a patient, it would undercut the immunity under section 854.8(a)(2).
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