Baker

Petitioners seek a writ of mandate to compel the respondent Orange County Superior Court to vacate its order denying their motion for summary judgment and to enter a new order granting the motion. The issue presented is whether the fireman’s rule applies to bar recovery of damages for injuries sustained by paid-call firefighters in the course of fighting a fire.

The facts are not in dispute. On August 4, 1976, pursuant to a burn permit from the Department of Forestry an agricultural burn was commenced at the Baker Ranch in Orange County. During the course of the burn the fire went out of control and the Orange County Fire Department was called by the foreman of the Baker Ranch who was in charge of the agricultural burn.

Real parties in interest Helen Leach and Mary Park (hereafter collectively plaintiffs) were paid-call members of the Orange County Fire Department. As such if they were informed of a fire and elected to assist in fighting it they were paid the sum of $5 regardless of the length of time spent fighting the fire. They provided their own transportation to the scene of the fire and their own firefighting clothing.

Ms. Leach first volunteered to be a…