Is Section 1714.9(a)(1) of the California Code of Civil Procedure applicable to fellow police officers jointly discharging their duties?

California, United States of America


The following excerpt is from Calatayud v. State of California, 18 Cal.4th 1057, 77 Cal.Rptr.2d 202, 959 P.2d 360 (Cal. 1998):

In addition to the adverse effect on the fisc, extending section 1714.9(a)(1) to fellow officers jointly discharging their duties would impair efficient judicial administration, another policy served by the firefighter's rule. (Giorgi v. Pacific Gas & Elec. Co., supra, 266 Cal.App.2d at p. 360, 72 Cal.Rptr. 119.) The "difficult problems" of determining causation (ibid.) are multiplied in cases turning on the propriety of chosen police tactics or emergency procedures and in reality may simply involve a judgment call on the part of the

Page 212

Other Questions


Does a police officer have been found in breach of section 69 of the California Civil Code of Civil Procedure by failing to stop a man from running away from an officer? (California, United States of America)
What is the test for interpretation of section 830.33 of the California Statutory Code of Civil Procedure on the grounds that a police officer's primary duty is if the police enforce the law against a minor offender? (California, United States of America)
Does section 245, subdivision (c) of the California Civil Code of Civil Procedure apply to a defendant who assaults a police officer? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
What is the penalty under section 69 of the California Civil Code of Civil Procedure for assaulting a police officer? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
Can a defendant be found guilty of an assault under section 69 of the California Civil Code of Civil Procedure for threatening or assaulting a police officer? (California, United States of America)
Does the active participation provision in section 654 of the California Civil Code of Civil Procedure provide an exemption to the application for Section 654? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Can a defendant in a civil action be found to have breached section 425.16, subdivision (e) of the California Civil Code of Civil Procedure Act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.