Tenwolde

The County of San Diego (County) appeals a judgment requiring it to indemnify Sheriff Lieutenant John Tenwolde (Tenwolde) for attorney fees awarded against him in an underlying lawsuit, California Common Cause v. Duffy (1987) 200 Cal.App.3d 730 [ 246 Cal.Rptr. 285 ] (hereafter Common Cause). By special verdict, a jury found (1) Tenwolde was represented by the County in the Common Cause suit; (2) the County was requested in writing to defend him; and (3) Tenwolde’s actions for which he was found liable were within the scope of his employment. The County contends no substantial evidence supports the three jury findings and the court abused its discretion by finding the indemnity suit ripe for adjudication. We reverse on the grounds the County did not represent Tenwolde and should not, as a matter of public policy, be required to indemnify him for damages arising from illegal political activity.

Factual and Procedural Background

Tenwolde joined the sheriff’s department in 1970. He worked his way through the ranks and was ultimately promoted to lieutenant in command of the sheriff’s public affairs division in October 1984. In that position, Tenwolde’s job was to inform the…