Falls

Petitioners Dennis Ferris and Thomas Falls are Los Angeles County deputy district attorneys being sued for failing to warn or protect a witness to a drive-by gang murder. Eight months after testifying at the preliminary hearing and prior to trial, the witness was murdered. His parents, real parties in interest, sued petitioners and others; petitioners moved for summary judgment, asserting immunity; the trial court (Superior Court Commissioner Emilie Elias) denied the motion as to three of four causes of action. This petition for a writ of mandate followed. We grant the writ.

Factual and Procedural Background

The material facts are undisputed. We summarize them.

On November 10, 1991, gang members Arthur Melendrez and Joey Salazar borrowed a car from fellow gang member George Nunez. That same afternoon, Luis Lopez was outside the home of an acquaintance, 14-year-old Eduardo Samaniego, when Melendrez and Salazar drove by. The car passenger, Melendrez, shot and killed Luis Lopez. Melendrez and Salazar drove off and promptly returned the car to Nunez who smelled gunpowder in it.

Police arrived at the murder scene, interviewed witnesses, and obtained statements including…