Eastburn

Plaintiffs, Felicia Kay Eastburn, a young girl, and her parents, allege in their complaint that she suffered an electric shock while in the bathtub and defendants did not provide prompt emergency service so that she suffered permanent, debilitating injuries. The court sustained without leave to amend the demurrers asserted by two defendants, the Regional Fire Protection Authority (Authority) and the Barstow Fire Protection District (District). The Eastburns appeal from the subsequent judgment of dismissal entered against them and in favor of the Authority, the District, and the City of Victorville.

We affirm the judgment on the grounds that, under Government Code section 815 and Health and Safety Code section 1799.107, [1] defendants are immune from liability except for bad faith or grossly negligent conduct, which plaintiffs admittedly cannot allege.

In reviewing an order sustaining a demurrer without leave to amend, we assume the facts alleged in the complaint are true. [2] We test the trial court's ruling for an abuse of discretion. [3] On questions of law, we conduct a de novo review. [4]

The complaint alleges defendants are public entities "providing emergency…