DeJung

I. INTRODUCTION

Appellant Theodore DeJung (DeJung), formerly employed as a commissioner by respondent Sonoma County Superior Court (Superior Court), brought an age discrimination case against the Superior Court under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). The trial court granted the Superior Court’s motion for summary judgment, finding (1) the Superior Court is protected from suit under FEHA based on the affirmative defense of discretionary immunity (§§ 815.2, subd. (b), 820.2), and (2) DeJung did not raise a triable issue of fact with regard to his age discrimination claim. On this appeal, DeJung contends that statutory immunity does not protect against direct public entity liability under FEHA, and there are triable issues of fact relating to the discrimination claim. We agree with these contentions, and reverse.

II. FACTS AND PROCEDURAL BACKGROUND

Upon appeal following a grant of summary judgment by the trial court, “[t]he Supreme Court has described our duty as follows: ‘In ruling on the motion, the court must “consider all of the evidence” and “all” of the “inferences” reasonably drawn therefrom ([Code Civ. Proc.,] §…