Colvin

Colvin v. City of Gardena

Good Law
11 Cal. App. 4th 1270·15 Cal. Rptr. 2d 234·1992 Cal. App. LEXIS 1482·92 Daily Journal DAR 17265·92 Cal. Daily Op. Serv. 10283
Court of Appeal of CaliforniaDecember 22, 1992B060501California6,107 words

Opinion

Opinion

Klein, J.

Plaintiff and appellant Robert Colvin, a minor, by and through his guardian ad litem, Alice Allen (hereafter, Colvin), appeals a judgment following a grant of summary judgment in a wrongful death action in favor of defendants and respondents City of Gardena (the City or Gardena), Gardena Police Department (the Department), and officers Steven Swain, Blane Schmidt, and Mark Batungbacal (the officer defendants) (sometimes collectively referred to as the Gardena defendants).

The essential issue presented is whether the City’s written policy on vehicular pursuits met statutory requirements so as to confer immunity upon the City.

Because the policy fails to specify minimum standards and adequate guidelines as required by Vehicle Code section 17004.7, subdivisions (c)(2) and (c)(4), the judgment is reversed as to the City. Because the officer defendants are immune under section 17004, the judgment is affirmed as to them.

Factual and Procedural Background

On January 13, 1988, Colvin’s father, Bobby Colvin, was killed when the vehicle Bobby Colvin was driving was struck by a 1972 Buick driven by Shawn Wilson (Shawn), a nine-year-old boy, who had taken his parents’ vehicle.…

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