Rivas

In this opinion, we hold that Government Code section 825 does not compel a public entity to pay a judgment entered against its employee unless the public entity provided the employee’s defense. Section 825.2 ensures protection of public employees by providing for indemnity by public entities for employees’ actions committed in the course and scope of employment.

The Case

On April 20, 1987, Fernando Herrera, Ricardo Herrera (collectively Herrera) and Juanita Amavizca filed suit against Orlando Velasquez, the City of Kerman (City) and Kenneth Stafford, Chief of Police for the City of Kerman. The complaint alleged, inter alia, that Velasquez, within the scope of his employment as a police officer for the City and without justification, shot Fernando in the presence of his brother Ricardo and Juanita Amavizca.

Velasquez requested the City to defend him in the action. The City denied his request for defense because, in relevant part, the shooting “was not within the scope of [his] employment” and because he acted with “actual ffaud[,] corruption or actual malice.”

Velasquez filed a cross-complaint for declaratory relief against the City for a determination of respective…