Kaplan
Kaplan v. LaBarbera
Opinion
Opinion
Gilbert, J.
Here we conclude that county government and its employees have immunity from liability for actions taken to collect child support from plaintiff. [[/]] We affirm.
Facts
Miles Joel Kaplan sued the San Luis Obispo County District Attorney’s Office, the district attorney, a deputy district attorney, a family support division supervisor and a family support officer.
Among Kaplan’s claims is that the defendants failed to properly apply the guideline formula for child support in determining his obligation; failed to agree to a modification of his child support obligation; falsely represented that no judge would modify his child support; used intimidation, undue influence and duress; had his real estate license suspended; collected child support from the proceeds of a settlement in his personal injury action; and left him destitute. Kaplan’s complaint alleged many causes of action under state law and a federal cause of action under 42 United States Code section 1983 .
The defendants moved for summary judgment. They claimed they were immune from liability under state law pursuant to Government Code sections 821.6 and 815.2, subdivision (b). The individual defendants also…