Bettencourt

Following the rejection of their claim against the State of California (State), plaintiffs filed a complaint alleging that defendant entered plaintiffs’ property by cutting a wire fence in order to fight a grass fire of unknown origin. The complaint further alleged that after extinguishing the fire and vacating plaintiffs’ property, defendant negligently and carelessly failed to repair the fence or to notify plaintiffs of its condition so that they might repair it; as a proximate result, plaintiffs’ cattle went through the opening onto Interstate Highway 5 where they were struck and killed by vehicles traveling thereon, to plaintiffs’ damage in the sum of $1,765.60. The trial court sustained defendant’s demurrer with leave to amend. Plaintiffs declined to amend, judgment of dismissal was entered, and this appeal followed.

*894 The question is whether Government Code section 850.4 1 confers immunity upon the public entity for the conduct of its employees under the facts in this case. Section 850.4 provides in pertinent part as follows; “Neither a public entity, nor a public employee acting in the scope of his employment, is liable for any injury resulting from the…

I dissent. Plaintiffs concede that the State, pursuant to section 821.8, 1 had the authority to cut the fence and enter the property to fight the fire. This section provides: “A public employee is not liable for an injury arising out of his entry upon any property where such entry is expressly or impliedly authorized by law. Nothing in this section exonerates a public employee from liability for an injury proximately caused by his own negligent or wrongful act or omission.”

Plaintiffs argue this section of the code does not exonerate a public employee from liability caused by negligent conduct though associated with an authorized entry.

Section 850.4, relied upon by the State, provides as follows: “Neither a public entity, nor a public employee acting in the scope of his employment, is liable for any injury resulting from the condition of fire protection or firefighting equipment or facilities or, except as provided in Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code,[ 2 ] for any injury caused in fighting fires.” (Italics added.)

*897 Plaintiffs contend section 850.4 does not apply in this case. Referring to the italicized language of…

Following the rejection of their claim against the State of California (State), plaintiffs filed a complaint alleging that defendant entered plaintiffs' property by cutting a wire fence in order to fight a grass fire of unknown origin. The complaint further alleged that after extinguishing the fire and vacating plaintiffs' property, defendant negligently and carelessly failed to repair the fence or to notify plaintiffs of its condition so that they might repair it; as a proximate result, plaintiffs' cattle went through the opening onto Interstate Highway 5 where they were struck and killed by vehicles traveling thereon, to plaintiffs' damage in the sum of $1,765.60. The trial court sustained defendant's demurrer with leave to amend. Plaintiffs declined to amend, judgment of dismissal was entered, and this appeal followed.

(1) The question is whether Government Code section 850.4 [1] confers immunity upon the public entity for the conduct of its employees under the facts in this case. Section 850.4 provides in pertinent part as follows: "Neither a public entity, nor a public employee acting in the scope of his employment, is liable for any injury resulting from…