Soto

Soto v. State of California

Good Law
1997 Cal. App. LEXIS 539·56 Cal. App. 4th 196·65 Cal. Rptr. 2d 11·97 Daily Journal DAR 8586·97 Cal. Daily Op. Serv. 5315
Court of Appeal of CaliforniaJune 6, 1997B100255California2,068 words

Opinion

Opinion

Gilbert, J.

A participant was injured in a training exercise conducted pursuant to the California Emergency Services Act. (Gov. Code, § 8550 et seq.) We conclude the state is immune from tort liability under section 8655. We affirm the judgment entered pursuant to the state’s motion for summary judgment.

Facts

Ruben Soto is a zoning investigator employed by the County of San Luis Obispo. On October 25, 1990, Soto was attending an officer safety and field tactics training course at the request of his employer.

The course was being given by the California Specialized Training Institute (hereinafter the Institute). The Institute is a division of the Office of Emergency Services (hereinafter Emergency Services). (§ 8588.3, subd. (b).) The Institute is required to assist the Governor in providing training to state agencies, cities, and counties in their planning and preparation for disasters. (Ibid.) Emergency Services is a division of the Governor’s office (§ 8585.) Both the Institute and Emergency Services operate under the California Emergency Services Act. (§ 8550 et seq.)

Part of the course involved student participation in a mock hostage situation. One student played the role of…

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