Is there an affirmative defense under section 850.4 immunity?

California, United States of America

The following excerpt is from Quigley v. Garden Valley Fire Prot. Dist., 10 Cal.App.5th 1135, 217 Cal.Rptr.3d 119 (Cal. App. 2017):

an affirmative defense. Rather, the immunity under section 850.4, like that discussed in Hata v. Los Angeles County Harbor/UCLA Medical Center (1995) 31 Cal.App.4th 1791, at pages 1802 through 1804, 37 Cal.Rptr.2d 630, required no affirmative showing on the part of the public entity or public employee defendant claiming the immunity. Thus, the section 850.4 immunity could be raised at any time and was not waived.

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