State of California v. Superior Court

This case presents an issue of first impression concerning the application of the immunity provisions contained in Government Code section 850.4. 1 We conclude that the immunity applies to the actions alleged against petitioner in this case, and that the action is therefore barred. Accordingly, we will grant the relief requested and direct the trial court to sustain petitioner’s demurrer without leave to amend.

Facts and Procedure

Plaintiffs sue, on numerous factual and legal theories, for the death of Gary Duane Nagel. Although the complaint is not a model of pleading, 2 one gleans that Gary Duane Nagel died while piloting an airplane and while engaged in the activity of attempting to drop fire retardant materials on a forest or brush fire. 3 However, it appears that decedent was not employed by the State of California (State).

*1412 The State demurred to the complaint on two grounds: lack of specificity as to the basis for liability, and statutory immunities as set forth in the Government Code. The trial court sustained the demurrer to the first two causes of action, sounding in products liability, but otherwise overruled it. The State sought review from this…