Harshbarger

This is an appeal from an order of dismissal entered in favor of defendant City of Colton (Colton) and against plaintiffs Gregory T. Harshbarger and Ellen Takahashi-Harshbarger (the Harshbargers) following the trial court’s granting of Colton’s demurrers without leave to amend.

The issues on appeal are: 1) Does governmental immunity bar the Harshbargers from bringing suit against Colton for intentional misrepresentation or fraudulent suppression of fact by city employees?

2) Does governmental immunity apply to bar the Harshbargers’ complaint against Colton where the complaint seeks damages based on fraudulent inspection of private property by city employees?

3) May the Harshbargers state a claim against Colton for negligent hiring of employees based on fraudulent inspection of private property by city employees?

4) Did the trial court abuse its discretion in denying the Harshbargers leave to amend their complaint?

Facts

According to the allegations of the complaint “which we must assume to be true for purposes of ruling on a demurrer” (Ramos v. County of Madera (1971) 4 Cal.3d 685, 688 [ 94 Cal.Rptr. 421 , 484 P.2d 93 ]):

Young and Holt periodically inspected the…