Chester

Los Angeles County Deputy Sheriff Roy Chester was killed in a helicopter crash while engaged in a drug interdiction operation in Imperial County. The helicopter was flown by Geoffrey Nett, an officer of the California National Guard, which provided air support to the state and federal law enforcement agencies engaged in the drug interdiction effort.

Chester’s family brought a wrongful death action against the State of California and others alleging inter alia Nett’s negligence was the proximate cause of Chester’s death. California successfully moved for summary judgment on the ground it was immune from suit, pursuant to Government Code section 815.2 and Military and Veterans Code section 392. The Chesters appeal. We affirm the judgment.

Discussion

I

Because the immunity issue presented here involves solely a question of law based upon an analysis of several statutes, we do not set forth the facts pertaining to the defendants’ alleged negligence. For purposes of this opinion, we assume Nett was acting within the scope of his employment with the State of California.

Generally, a tort action may not be maintained against a public entity unless the claim is based on a…