Hodges

In this case, we must decide a question of first impression in California: whether the so-called “firefighter’s rule” bars recovery of damages for personal injuries suffered by an off-duty deputy sheriff when he confronted and struggled with, then shot and killed, a suspected burglar who had broken into the garage of the apartment building where the deputy lived. The trial court answered this question in the affirmative and, accordingly, entered summary judgment in favor of the respondent building owners and managers, whose failure to correct known security and maintenance problems was alleged as the cause of appellant Duane Hodges's injuries. We affirm.

I. Factual and Procedural Background

The essential facts are few and undisputed. Hodges has been employed since 1987 as a deputy in the Alameda County Sheriff’s Department. Shortly after 11 p.m. on October 14, 1994, while off duty, Hodges arrived at the apartment building where he lived, after a night out with his girlfriend and children. Hodges noticed that the garage door was slightly off-track, and saw fresh pry marks on the garage door. Suspecting that a serious crime was in progress, Hodges retrieved his “off-duty…