Payne

In this case we are called upon to determine whether the police pursuit policy adopted by the City of Perris Police Department complies with Vehicle Code section 17004.7 such that defendant is immune from any liability for the death of plaintiffs’ decedent. The trial court, on defendant’s motion for summary judgment, concluded that the policy in question complied with section 17004.7 and therefore granted defendant’s motion and entered judgment in favor of defendant. We conclude that the policy does not provide guidelines for determining when to initiate or terminate a pursuit as required by subdivision (c)(4) of the section and therefore the trial court erred in granting summary judgment in favor of defendant.

Facts

As the sole issue before the court is whether the Perris pursuit policy complies with section 17004.7, a lengthy and seamless rendition of the facts is unnecessary. Suffice it to say that plaintiffs’ decedent was killed when an automobile driven by a criminal suspect being pursued by defendant’s police officers failed to slow or yield to oncoming traffic at a T-intersection and collided with the automobile driven by plaintiffs’ decedent.

Defendant…