Corona v. State of California

Plaintiffs and appellants Ray Corona, Sr., and his wife, Arlene Corona, appeal from the trial court’s judgment dismissing their lawsuit after sustaining the demurrer of defendants and respondents State of California, Department of Consumer Affairs, and State Athletic Commission (collectively, the State). Specifically, the Coronas argue the trial court erred when it found that Government Code section 818.4, which applies to discretionary decisions by public officials, applies here to immunize the State from liability. As discussed below, we conclude that California’s State Athletic Commission (the Commission) has a mandatory duty to license and/or allow to participate in boxing matches only those boxers who present proof of a negative human immunodeficiency virus (HIV) test. Thus, the State can be held liable under section 815.6 for failing to carry out this duty and is not immune from liability under section 818.4.

Statement of Facts and Procedure

Ray Corona is a professional boxing referee licensed by the State of California. On June 3, 2005, he refereed a match to which he was assigned by the Commission. By letter dated June 9, 2005, the Commission’s executive…