Caldwell v. Montoya

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Cal.Gov.Code § 820.2, when applicable, precludes an award of damages against public employees under the FEHA
• holding, on an appeal from a sustained demurrer by the trial court, that discretionary immunity applied
• explaining that “[t]he historical basis of the [discretionary acts immunity] rule was that fear of civil lawsuits might deter officials from the zealous and unflinching discharge of their public duties”
• noting that “[ijmmunity is reserved for those ‘basic policy decisions [which have] ... been [expressly] committed to coordinate branches of government,’ and as to which judicial interference would thus be ‘unseemly’”
• noting that as a general principle, “the application of governmental-immunity statutes should not be considered until it has been determined that the agency or official sued owes a ‘duty which would otherwise be actionable”
• discussing whether “governmental entities are generally immune from suit ” and then noting that the CTCA “establishes the basic rule that public entities are immune from liability except as provided by statute”

Source: CourtListener parenthetical corpus (CC0).