GRUM VS SKY COUNTRY
RIC1824259 MOTION FOR SUMMARY JUDGMENT
ELEMENTARY SCHOOL
Tentative Ruling:
Defendant Diana Martinez is not immune from liability pursuant to Gov. Code Sections 815
and 820.
Gov. Code Section 815 governs liability of public entities, not public employees, therefore, this
Code section is inapplicable to Defendant Martinez.
Gov. Code Section 820.2, which provides that “…a public employee is not liable for injury resulting
from his action or omission where the act or omission was the result of the exercise of discretion
vested in him, whether that discretion is abused”, also does not apply here. Immunity for
discretionary acts is restricted to basic policy decisions and does not apply to subsequent
ministerial actions that merely implement those basic policy decisions. The actions of a school
t
Hearing Date
February 23, 2022
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GRUM VS SKY COUNTRY
RIC1824259 MOTION FOR SUMMARY JUDGMENT
ELEMENTARY SCHOOL
Tentative Ruling:
Defendant Diana Martinez is not immune from liability pursuant to Gov. Code Sections 815
and 820.
Gov. Code Section 815 governs liability of public entities, not public employees, therefore, this
Code section is inapplicable to Defendant Martinez.
Gov. Code Section 820.2, which provides that “…a public employee is not liable for injury resulting
from his action or omission where the act or omission was the result of the exercise of discretion
vested in him, whether that discretion is abused”, also does not apply here. Immunity for
discretionary acts is restricted to basic policy decisions and does not apply to subsequent
ministerial actions that merely implement those basic policy decisions. The actions of a school
t