Is a public employee immune for negligent and intentional misrepresentation in a tort action?

California, United States of America


The following excerpt is from Babb v. Hall, A136886 (Cal. App. 2013):

That section provides that a public employee is immune for negligent and intentional misrepresentation, "unless he is guilty of actual fraud, corruption or actual malice." This exception applies only if a plaintiff also alleges facts showing in a nonconclusory fashion that a public employee is motivated by " ' "corruption or actual malice, i.e., a conscious intent to deceive, vex, annoy or harm the injured party." ' " (Curcini v. County of Alameda (2008) 164 Cal.App.4th 629, 649 (Curcini).)

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