Tarpy

Joseph Tarpy brought this action against the County of San Diego (the County and collectively with its representatives, the County defendants) and the Otay Lakes Veterinary Clinic (the Clinic and collectively with its representatives, the Veterinary defendants) after his dog died from complications of a spay procedure. He appeals the granting of the County defendants’ motion for summary judgment based on a finding that those defendants are immune from suit under Food and Agricultural Code section 30804.7, contending that the immunity language of the statute resulted from legislative oversight. (All statutory references are to this code unless otherwise specified.) He also appeals the granting of summary judgment in favor of the Veterinary defendants based on a written release of liability he signed prior to the operation, contending that he signed the release under duress.

We agree with Tarpy’s contention that the statutory immunity provision does not render the County defendants immune from suit or liability, but conclude that his challenges to the validity of his release of liability are unavailing. Because the release is equally applicable to the County defendants, we…