Duarte v. City of San Jose

How courts have described this case

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

• noting that had an officer rather than a pursued person been driving the vehicle which struck plaintiff, the municipality would have been liable
• no immunity where police officer left intoxicated driver alone in police car and intoxicated driver stole police car, thereafter injuring third party
• when conflict exists between liability imposed by statute other than Tort Claims Act and immunity provided by act, court must determine whether the liabilities imposed by statute “serve a purpose that is frustrated by an immunity”
• hearing by the Supreme Court of California denied
• hearing by the Supreme Court of California denied

Source: CourtListener parenthetical corpus (CC0).