Hata

Defendant and appellant County of Los Angeles (County) appeals from the order of the trial court granting plaintiff and respondent Daryl K. Hata’s (Hata) motion for a new trial on his claim for damages based on the negligent conduct of Los Angeles County Harbor/UCLA Medical Center and its medical personnel. Hata was nonsuited on his case-in-chief based on immunity conferred on County pursuant to Government Code section 854.8. The trial court subsequently reversed its position and granted Hata’s new trial motion on the ground County waived its right to rely on this particular immunity defense by failing to properly plead the specific code section as an affirmative defense and raise the issue before trial.

We find the decision in Buford v. State of California (1980) 104 Cal.App.3d 811 [ 164 Cal.Rptr. 264 ] determinative of the issue and find the trial court abused its discretion in granting Hata’s motion because governmental tort immunity pursuant to section 854.8 is a jurisdictional issue that may be raised at any time, even for the first time on appeal. Furthermore, County properly pleaded such immunity as an affirmative defense in its answer. Assuming arguendo the trial…