City & County of San Francisco v. Superior Court

This case involves the question of whether a city and individual firemen working for that city can be liable for failure to arrive at a fire in a timely manner through the firemen’s unauthorized absence from their fire station. We hold that the city and the firemen are not liable.

On November 23, 1980, fire damaged the real property of real parties in interest. Real parties filed a complaint against the City and County of San Francisco and individual personnel of the city’s fire department, petitioners herein, and against a paint company. Their causes of action against petitioners arise from allegations that personnel of engine company 22, which was located approximately 300 feet from real parties’ property, participated in an improper social gathering, an abalone dinner, at engine company 31 on the evening of the fire with the result that company 22’s firehouse was left unmanned. The fire was reported by persons who ran directly to engine company 22 rather than by calls to department headquarters. As a result of engine company 22’s absence from their firehouse, response to the fire was delayed and extensive damage to the real property of real parties resulted.

In a…