Can defendants argue on appeal that they are immune from action pursuant to section 818.2 of the Government Tort Claims Act?
California, United States of America
The following excerpt is from Carroll v. City of S.F., 254 Cal.Rptr.3d 519, 41 Cal.App.5th 805 (Cal. App. 2019):
Although they did not do so in the trial court, defendants argue on appeal that they are immune from suit pursuant to section 818.2 of the Government Tort Claims Act (the Act) ( 810 et seq.). They may present this legal question for the first time on appeal from a dismissal following demurrer. ( Bocanegra v. Jakubowski (2015) 241 Cal.App.4th 848, 857, 194 Cal.Rptr.3d 327.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
What is the remittitur on defendant's appeal against the sentence of 2 and its section 12022.5 enhancement pursuant to section 654.54? (California, United States of America)
Does a defendant's failure to object to fees imposed pursuant to section 1203.1b waive the right to appeal on appeal? (California, United States of America)
How has the Attorney General argued that defendant forfeited a challenge to fees imposed under section 1202.4, 1465.8 and Government Code section 70373? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does a defendant who failed to raise a section 654 claim at sentencing forfeit the claim on appeal? (California, United States of America)
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
What is the effect of section 27706(a) of the California Criminal Code on the appointment of a public defender to defend a defendant in an appeal from a misdemeanor conviction? (California, United States of America)
Does Section 1268.710 of the California Constitution allow a defendant in an eminent domain action to recover costs incurred in defending the action? (California, United States of America)
